#ZZo 


Conf  Pam  12mo  #220 

D^0fl270b  + 


2d  Scss.  12th  General  Assembly,  1863. 


THE 


ACTS  AND  RESOLUTIONS 


ADOPTED  BY  THE 


GENERAL  ASSEMBLY  OF  FLORIDA, 


AT  ITS 


TWELFTH  SESSION, 

Begun  and  held  at  the  Capitol,  in  the  City  of  Talla- 
hassee, on  Monday,  November  16th,  1863. 


PUBLISHED  BY  AUTHORITY  OF  LAW. 

UNDER  THE  DIRECTION  OF  THE  ATTORNEY  GENERAL. 


Cdlajrassee : 


OFFICE  OF  THE  FLORIDIAX  &  JOURNAL. 

PRINTED    BY    DYKE   &    SPARHAWK. 

1863. 


TITLES 

OF 

ACTS  AND   RESOLUTIONS 

PASSED    AT   THE 

Second  Session  of  the  Twelfth  General  Assembly 

OF    THE 

STATE  OF  FLORIDA, 

1863. 


An  act  to  repeal  an  act  entitled  an  act  to  regulate  trade  and  intercourse  with 
the  Indians. 

An  act  authorizing  publication  to  he  made  out  of  the  State  of  sales  by  Admin- 
istrators and  Executors  in  certain  ca 

An  act  to  change  the  place  of  holding  the  Circuit  Court  for  Tut  nam  County. 

An  act  to  amend  Ordinance  No.  53  of  the  Convention  in  relation  to  soldiers  vo- 
ting. 

An  act  for  the  protection  of  cattle  owners  in  the  comities  of  Levy,  Lafayette 
Taylor,  Wakulla  and  Duval. 

An  act  amending  the  Charter  of  the  City  of  Peusacola. 

An  act  for  the  relief  of  James  W.  Johnson  of  Taylor  county. 

An  act  to  change  the  line  dividing  the  counties  of  Suwannee  and  Columbia. 

An  act  to  amend  the  Charter  of  the  City  of  Fensacola,  so  as  to  authorize  said 
City  to  aid  in  the  construction  of  certain  Railroads. 

An  act  to  incorporate  the  Apalachicola  Channel  Company. 

An  act  to  be  entitled  an  act  to  allow  the  Judges  of  the  Circuit  Courts  oi  this 
State  to  appoint  Sheriffs  in  certain  cases. 

Au  act  to  amend  the  sixth  section  of  an  act  entitled  an  act  to  change  the  mode 
of  selecting  Grand  and  Petit  Jurors  in  this  State,  approved  February  8,  1861. 

Au  act  to  legalize  entries  of  public  lands  made  after  the  secession  of  Florida 
and  requiring  the  Receivers  to  account  for  the  moneys  received  therefor. 

An  act  in  relation  to  holding  Probate  Courts  during  the  present  war. 


IV  TITLES    OF    ACTS. 

An  act  to  amend  an  act  to  provide  for  an  additional  issue  of  Treasury  Notes. 
An  act  to  extend  the  provisions  of  an  act  entitled  an  act  for  the  relief  of  Gen. 

William  E.  Anderson  and  others,  approved  December  10th,  1862. 
An  act  for  the  relief  of  Edward  Jordan,  Sheriff  of  Taylor  county. 
An  act  relating  to  property  confiscated  to  the  use  of  the  State. 
An  act  to  raise  the  salary  of  the  State  Treasurer  and  other  officers  therein 

named. 

An  act  providing  for  the  payment  of  certain  claims  against  the  State. 
An  act  to  amend  the  Charter  of  the  Alabama  &  Florida  Railroad  Company. 
An  act  more  particularly  defining  the  duties  of  Tax  Assessors  and  Collectors  iyj 
this  State. 

An  act  for  the  relief  of  Margaret  J.  McKcown,  widow  of  James  A.  MeKeown^ 
An  act  for  the  relief  of  D.  B.  Cappleman,  Sheriff  of  Marion  county. 
An  act  to  incorporate  the  Monticello  and  Thomasville  Railroad. 
An  act  to  amend  the  Patrol  laws  of  this  State. 

An  act  to  authorize  the  Clerk  of  the  Circuit  Court  of  Sumter  county  to  keep 
his  office  at  his  own  house. 

An  act  to  amend  the  Charter  of  the*  Florida,  Atlantic  &  Gulf  Central  Railroad 
Company. 

An  act  for  the  relief  of  Albert  Hyer. 

An  act  relative  to  claims  placed  in  the  hands  of  District  Solicitors  of  this  State. 

An  act  to  assist  the  faithful  and  necessary  enforcement  of  the  Impressment  Act. 
of  Congress,  and  to  protect  and  defend  the  citizens  of  this  State  from  oppres- 
sion and  unlawful  acts  of  persons  violating  the  said  act,  or  claiming  to  act 
under  the  authority  of  the  Confederate  Government. 

An  act  to  aid  the  Confederate  Government  in  the  detection  of  frauds. 

An  act  to  be  entitled  an  act  to  amend  the  election  laws  of  this  State  relative  to 
soldiers  voting. 

An  act  in  relation  to  forfeited  bonds  of  criminals. 

An  act  to  be  entitled  an  act  to  legalize  the  acts  of  Samuel  Lowe,  acting  Clerk  of 

the  Circuit  Court. 
An  act  to  provide  for  the  payment  for  Plats  furnished  the  counties  of  Clay, 

Jackson  and  Calhoun. 

An  act  to  provide  for  the  relief  of  Soldiers'  Families  and  others  that  require 
assistance. 

An  act  to  appropriate  ten  thousand  dollars  for  the  Wayside  Homes  or  Hospitals 
in  this  State. 

An  act  to  prevent  and  punish  all  persons  planting  and  cultivating,  in  the  State  of 
Florida,  over  a  certain  quantity  ot  land  in  Cotton  and  Tobacco  during  the 
continuance  of  the  present  war. 

An  act  to  prevent  the  distilling  of  Spirituous  Liquors  in  this  State. 

An  act  for  the  relief  of  Aaron  W.  DaCqsta. 

An  act  further  defining  the  duties  of  the  Treasurer  of  the  State. 


TITLES    OF    ACTS.  V 

An  act  to  provide  for  furnishing  to  each  Regiment  and  Battalion  in  Confederate 
service  from  this  State  a  suitable  Flag-  or  Ensign,  also  a  Flay  to  be  used  at  the 
Capitol. 

An  act  to  provide  Clothing  for  Troops  from  Florida  in  the  »«rvice  of  the  Con- 
federate States. 

An  act  making  appropriations  for  the  expenses  of  the  Second  Session  of  the 
Twelfth  General  Assembly,  and  for  other  purposes. 

An  act  to  amend  an  act  to  prevent  the  entry  of  lands  occupied  by  Soldiers  or 
their  Families  during  the  continuance  of  the  present  war,  and  also  to  regulate 
the  entry  and  sale  of  Public  Lands,  approved  Dec.  13th,  1863. 


RESOLUTIONS. 


Resolution  of  thanks  to  our  Soldiers. 

Resolution  asking  the  Governor  not  to  license  any  more  I;;-'.:1'  ries  until  the 
further  action  of  the  Legislature, 

Resolutions  of  thanks  to  Gen.  Wm.  Bailey  and  Dr.  Henry  Bacon. 

Resolutions  relating  to  the  appointment  of  Agent   for  Soldiers'  Families  in  the 

counties  of  Santa  Rosa  and  Escambia, 
Resolution  relative  to  Tax  in  Kind. 

Resolution  setting  apart  a  Day  of  Fasting,  Humiliation  and  Prayer. 
Joint  resolution  relative  to  our  sick  or  wounded  Soldiers  in  (>  '  army. 

Resolution  for  the  destruction  of  the  State  Bonde  on  hand  of  the  issues  of  1856 

and  1861. 
Resolution  relative  to  Confederate  Treasury  Notes. 
Resolution  relative  to  the  civil  authority  of  the  State  of  Florida. 
Joint  resolution  authorizing  the  Joint  Committee  on  Finance  and  Public  Ac- 
counts to  destroy  a  sum  of  money  therein  named. 
Joint  resolution  relative  to  the  Arsenal. 

Joint  resolution  iu  relation  to  the  unsettled  accounts  of  Ex-Gov.  M.  S.  Perry, 

Quarter  Master  General  H.  V.  8nell,and  John  W.  Pearson,  Disbursing  Agent 

Resolution  in  relation  to  the  accounts  of  the  late  United  States  Receivers  and 

Registers. 
Resolution  in  relation  to  copying  the  Laws. 

Joint  resolution  relative  to  the  pay  of  the  Soldiers  of  the  Confederate  States. 
Joint  resolution  in  relation  to  exempting  the  Workmen  and  persons  employed 

in  the  Jefferson  Manufacturing  Company. 
Resolution  iu  reference  to  exportation  and  importation  of  certain  articles  by 

private  enterprise. 
Resolutions  relative  to  appointment  of  Agents  in  Greenville  and  Montgomery. 
Resolution  in  relation  to  the  war  between  the  Confederate  States  and  the  Uni- 
ted States. 


LAWS  OF  THE  STATE  OF  FLORIDA, 


PASSED    AT    THE 


Second  Session  of  the  Twelfth  General  Assembly, 

18  6  3. 


John  Milton,  Governor.    B.  P.  Allen,  Secretary  of  State.     Walter 

Gfwykn,  Comptroller  of  Public  Accounts.  C.  IT.  Austin,  Treasurer. 
J.  B.  Galbraith,  Attorney  General.  K.  J.  Vann,  President  of  the  Sen- 
ate. J.  B.  VTHiTEiTntsT.  Secretary  of  the  Senate.  T.  J.  Errr:s,  Speaker 
of  the  House.    T.  B.  Barefoot,  Clerk  of  the  Hous 


Chepteb  1,384— [No.  1.] 

AN  ACT  to  repeal  an  act  entitled  an  act  to  regulate  Trade  and  Intercourse 

with  the  Indians. 

Section  1.   Be  it  enacted  by^th  and  Horn*,  of  Repre- 

sentatives of  tli  a  State  of  Florida  in  Gem  mbly  con  i 

That  an  act  entitled  an  act  to  regulate  trade  and  intercourse  with 
the  Indians,  approved  December  12th,  1862,  be  and  the  sa 
hereby  repealed. 

te  November  20i,  1863.     Pas  itatives 

Noveraber  21,  1863.    Approved  by  the  Governor  !  63. 


ClIAPTK:  ■  — j'\o.    2;] 

AN  A.CT  authorizing  publication  \- 

rators  and  Executors  in  certain  cs 

Section  1.  Be  it  "  ctnd  IL 

sentatives  of  the  State  of  Florida  in 
That  in  all  cases  where  the  law  requires  Adrnh 
tors  to  advertise  in  some  newspaper  any  proceedings  in  relation 


Repeal*  <1. 


ion. 


LAWS  OF  FLORIDA. 

to  estates  in  their  charge,  the  same  may  be  done  in  the  newspa- 
pers most  convenient  to  the  county  in  which  the  estate,  in  ques- 
tion may  be  situated,  whether  said  paper  is  published  in  or  out 
of  the  State. 

Passed  the  Senate  November  20,  1863.     Passed  the  House  of  Representatives 
November  21,  1863.     Approved  by  the  Governor  November  25, 1863. 


Place  of  holding 
Court. 


Chapter  1,386— [No.  3.] 

AN  ACT  to  change  the  place  of  holding  the  Circuit  Court  for  Putnam  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  the  Judge  of  the  Circuit  Court  is  authorized  and  is  hereby 
required  to  hold  the  Courts  for  Putnam  county  at  the  Church 
near.  Sweet  Water  Branch,  in  the  Moate's  neighborhood,  in  said 
county,  at  the  regular  time  appointed  for  holding  such  Court, 
until  such  time  as  it  may  be  deemed  safe  by  the  presiding  Judge 
to  hold  the  same  in  Palatka. 

Passed  the  House  of  Representatives  November  20,  1863.  Passed  the  Senate 
November  23,  1863.    Approved  by  the  Governor  November  25,  1863. 


Chapter  1,387 — [No.  4.] 


AN  ACT  to  amend  Ordinance  No.  53  of  the  Convent  iou,  in  relation  to  Soldiers 

voting;. 


Soldiers  may 
vote  for  Gover- 
nor and  county 
officers. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  JRe])re- 
se?7tatives  of  the  State  oj  Florida  in  General  Assembly  convened, 
That  Ordinance  No.  53  of  the  State  Convention  be  and  the  same 
is  hereby  so  amended  as  to  allow  soldiers  from  this  State,  in  the 
military  service  of  this  State  and  the  Confederate  States,  to  vote 
for  all  county  officers  of  the  respective  counties  in  which  they 
reside,  and  also  for  Governor  of  the  State,  in  the  manner  already 
provided  for  by  law  for  soldiers  voting  for  members  of  the  Gen- 
eral Assembly  or  for  Representatives  in  the  Congress  of  the  Con- 
federate States. 

Passed  the  House  of  Representatives  November  20, 1863.  Passed  the  Senate 
November  23, 1863.     Approved  by  the  Governor  November  25,  1863. 


LAWS  OF  FLORIDA.  9 

Chapter  1,388— [No.  5.]  1863. 

AN  ACT  lor  the  protection  of  Cattle  Owners  in  the  counties  of  Levy,  Lafayette, 
Taylor,  Wakulla  and  Duval. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convene^, 
That  from  and  after  the  passage  of  this  act.  it  shall  not  be  lawful    „ 

r-  u.  3  .      )  i       ^  o     Penning  cattle 

tor  any  person  or  persons  to  pen  ana  part  the  cows  and  calves  of  of  others   pro- 
another  for  the  purpose  of  milking,  or  to  milk  them  without  the  hi1)ited- 
conset  of  the  owners,  in  the  counties  of  Levy,  Taylor,  Lafayette 
and  Wakulla. 

Sec.  2.  Be  it  further  enacted,  That  any  person  or  person 
offending,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction,      Penalty. 
shall  be  lined   in  a  sum  not  exceeding  one  hundred  dollars  nor 
less  than  ten  dollars. 

Sec.  3.  Be  it  further  enacted,  That  all  laws  or  parts  of  laws      ]; 
conflicting  with  the  provisions  of  this*  act  be  and  the  same  are 
hereby  repealed. 

Passed  the  House  of  Representatives  November  V.\  1863.     Passed  the  Senate 
November  24,  1863.     Approved  by  the  Governor  November  27, 


Chapter  1,389— [Xo.  6.] 

AN  ACT  amending  the  Charter  of  the  City  of  Pensaeola. 

Whereas,  The  evacuation  of  the  City  of  Pensaeola  by  the  peo- 
ple, on  account  of  circumstances  growing  out  of  the  present 
war,  has  left  said  City  without  a  government;  and,  wdie 
when  the  people  again   return  to  their   homes,  a  doubt   may 
arise  as  to  what  course  it  is  proper  to  pursue  to  again 
lish  a  government  for  the  City — Therefore, 

Section  1.  fi*  it  enacted  by  th  House  of  Repre- 

sentatives of  tl  ofFloridain  Gen 

That  until  the  election  herein  provided,  F.  B.  Bobe  shall  be  Mayor 
of  said  City  of  Pensaeola  and  shall  be  and  is  hereby  authorized 
to  perform  all  the  duties  appertaining  to  said  office,  as  prescribed 
in  the  Charter  of  said  City. 

Sec.  2.  Be  it  further  enacted,  That  until  the  election  herein 
provided,  Joseph  Sierra,  G.  W.  Hutton,  W.  H.  Judah,  C.  L.  Le- 
Baron,  C.  G.  Barclay,  James  Knowles  and  Benj.  D.  Wright 
shall  constitute  the  Board  of  Aldermen  of  the  City  of  Pensaeola, 
and  said  Aldermen  shall  be  and  they  are  hereby  authorized  to 
2 


Preamble. 


Mayor. 


Aldermen. 


10 


LAWS  OF  FLORIDA. 


1863. 


Vacancies. 


Meetings  of  the 
Board. 


Elect'nofMay'r 
and  Alderm'n 


Voter: 


Laws  and  ordi- 
nances. 


Incase  of  fail- 
ure to  call  elec- 
tion. 


perform  such  duties  appertaining  to  said  office  as  may  be  required 
to  protect  the  interests  of  the  said  City  in  this  emergency. 

Sec.  3.  Be  it  further  enacted,  Should  a  vacancy  occur  in  the 
office  of  Mayor/ or  in  the  office  of  Aldermen,  by  death,  resigna- 
tion or  otherwise,  the  Board  of  Aldermen  may  fill  such  vacancy. 

Sec.  4.  JBe  it  further  enacted,  That  it  shall  be  the  duty  of  the 
Mayor  to  call  meetings  of  the  Board  whenever  in  his  opinion  the 
interest  of  the  City  of  Pensacola  may  be  promoted  thereby,  or 
when  any  five  members  of  the  Board  may  request  a  meeting  of 
said  Board  to  be  called,  and  all  acts  done  by  the  Mayor  or  under 
the  direction  of  the  Board  shall  be  as  valid  as  though  performed 
within  the  corporate  limits  of  the  City  of  Pensacola. 

Sec.  5.  Be  it  further  enacted,  That  within  six  months  from 
the  conclusion  of  a  peace,  it  shall  be  the  duty  of  the  Board  of 
Aldermen  to  order  an  election  for  Mayor  and  Board  of  Aldermen 
for  the  City  of  Pensacola,  which  election  shall  be  governed  by 
the  rules  and  regulations  heretofore  in  force,  and  the  persons  so 
elected  shall  hold  their  offices  until  their  successors  are  elected 
and  qualified,  as  required  by  the  Charter  to  which  this  is  an 
amendment. 

Sec.  6.  Be  it  further  enacted,  That  in  the  election  herein  pro- 
vided no  one  shall  be  allowed  to  vote  who  had  not  resided  within 
the  corporate  limits  of  the  City  of  Pensacola  for  twelve  months 
prior  to  the  first  day  of  May,  1862,  with  the  intention  of  becom- 
ing a  citizen  of  said  City. 

Sec  7.  Be  it  further  enacted,  That  upon  the  election  and  in- 
duction into  office  of  the  Mayor  and  Board  of  Aldermen  herein 
provided,  the  municipal  affairs  of  said  City  shall  be  governed  by 
the  same  laws,  ordinances  and  resolutions  as  were  in  force  at  the 
time  of  the  evacuation  of  said  City  in  May,  1862,  the  govern- 
ment of  said  City  to  be  in  all  respects  restored  as  nearly  as  prac- 
ticable to  the  condition  it  was  in  at  the  time  of  the  evacuation  in 
May,  1862. 

Sec  8.  Be  it  further  enacted,  That  should  the  Board  of  Al- 
dermen fail  to  call  an  election,  as  provided  in  this  act,  ten  or 
more  of  the  citizens  of  the  City  of  Pensacola,  qualified  to  vote 
at  the  election  as  provided  in  this  Act,  may  proceed  to  order  an 
election  for  Mayor  and  Board  of  Aldermen,  such  notice  and  the 
proceedings  under  it  to  be  governed  by  the  rules  prescribed  in 
the  Charter,  to  which  this  is  an  amendment,  regulating  the  elec- 
tion and  prescribing  the  duties  of  Mayor  and  Board  of  Aldermen. 

Passed  \he  House  of  Representatives  November  24,  1863.  Passed  the  Senate 
November  24,  1863.    Approved  by  the  Governor  November  27, 1863. 


LAWS  OF  FLORIDA.  11 

1863. 


Chapter  1,390— [No.  7.] 
AN  ACT  for  the  relief  of  James  W.  Johnson  of  Taylor  county. 

Whereas,  It  appears  the  widow  of  Isaiah  Smith,  of  the  county      Preamble. 
of  Taylor,  has  recently  become  insane,  thereby  creating^much 
trouble  to  her  friends  to  take  care  of  her, 

Section  1.  Re  it  therefore  enacted  by  the   Senate  and  House 

of  Representatives  of  the  State  of  Florida  in  General  ^Assem- 
bly convened,  That  from  and  after  the  passage  of  this  act,  that 
James  W.  Johnson,  the  brother  of  said  widow  Smith,  be  and  he 
is  hereby  authorized  to  receive  ten  dollars  per  month  for  the 
taking  care  of  and  maintaining  such  widow  and  lunatic  until  Care  of  lunatic. 
such'  time  as  her  case  can  be  brought  before  the  Circuit  Judge 
and  properly  provided  for  as  directed  by  law,  such  appropriation 
to  be  made  from  the  Treasury  out  of  any  monies  not  otherwise 
appropriated,  and  charged  to  the  lunatic  fund,  any  law  to  the 
contrary  notwithstanding. 

Passed  the  House  of  Representatives  November  23,  1863.     Passed  the  Senate 
November  24, 1863.     Approved  by  tbc  Governor  November  27,  1863. 


Chapuer  1,301— [No.  8.] 

AN  ACT  to  change  the  line  dividing-  the  counties  of  Suwannee  and  Columbia. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  Gi  m  ral  -  Issi  mbly  convt  n<<K 
That  the  line  dividing  said  counties  where  it  strikes  Section  six- 
teen (16)  in  Township  three  (3)  South  of  Range  fifteen  East  shall 
turn  and  run  due  East  to  the  North-East  corner  of  the  North- 
East  quarter  of  said  section,  thence  due  South  to  the  South-East 
corner  of  said  quarter  Section,  thence  due  West  to  where  it  will 
strike  the  line  now  dividing  said  counties,  so  as  to  include  the 
entire  town  of  Welburn,  in  the  county  of  Suwannee,  according  to 
the  plan  of  said  town,  and  that  the  inhabitants  thereof  be  held 
and  considered  citizens  of  Suwannee  county. 

Passed  the  House  of  Representatives  November  23, 1863.  Passed  the  Senate 
November  24,  1863.     Approved  by  the  Governor  November  27, 1863. 


Boundary  line. 


12 


LAWS  OF  FLORIDA. 


1863. 


City  authorized 
to  aid  in  con- 
struction   of 
railroad. 


Question  to  be 
submitted  to 
the  citizens. 


Railroad  to  Sel- 
ma,  Ala. 


Amount  of  sub- 
scription. 


Yote  of  citizens 


Chapter  1,392— [No.  ,9.] 

AN  ACT  to  amend  the  Charter  of  the  City  of  Pensacola  so  as  to  authorize  said 
City  to  aid  in  the  construction  of  certain  Railroads. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  the  City  of  Pensacola  be  and  the  same  is  hereby  authorized 
to  aid  in  the  construction  of  a  Railroad  from  the  City  of  Pensa- 
cola, or  some  point  on  the  line  of  the  Alabama  and  Florida  Rail- 
road to  the  Apalachicola  river,  such  aid  to  be  given  by  subscrip- 
tion, endorsement  of  bonds  or  otherwise  as  the  Board  of  Alder- 
men may  determine,  and  not  to  exceed  in  amount  live  hundred 
thousand  dollars. 

Sec.  2.  Be  it  further  enacted,  That  before  any  obligation  shall 
be  entered  into  for  furnishing  this  aid,  the  question  as  to  whether 
the  aid  contemplated  to  be  given  shall  be  rendered  shall  be  sub- 
mitted to  the  qualified  voters  of  said  city,  after  ten  days  public 
notice,  in  such  manner  as  the  Board  of  Aldermen  may  prescribe, 
and  if  two-thirds  pf  those  voting  shall  be  in  "favor  of  granting  the 
aid  asked  for,  it  shall  be  the  duty  of  the  Mayor  and  Board  of 
Aldermen  to  pursue  the  course  necessary  to  carry  into  effect  the 
wish  of  the  people. 

Sec.  3.  Be  it  further  enacted,  That  the  City  of  Pensacola  be 
and  the  same  is  hereby  authorized  to  aid  in  the  construction  of  a 
Railroad  from  the  City  of  Pensacola,  or  some  point  on  the  line  of 
the  Alabama  and  Florida  Railroad,  to  the  City  of  Selma,  Alabama, 
such  aid  to  be  given  by  subscription,  endorsement  of  bonds  or 
otherwise  as  the  Board  of  Alderman  may  determine,  and  not  to 
exceed  in  amount  five  hundred  thousand  dollars;  the  same  course 
to  be  pursued  with  regard  to  the  aid  to  be  furnished  as  is  pre- 
scribed in  the  second  section  of  this  act. 

Sec  4.  Be  it  further  enacted,  That  the  vote  of  the  citizens  of 
Pensacola  upon  any  one  proposition  which  may  be  submitted  to 
them  shall  not  be  conclusive  as  to  any  other  proposition,  but  if 
the  Board  of  Aldermen  think  proper,  propositions  for  aid  may  be 
submitted  in  various  forms  for  reception  or  rejection  by  the 
people. 

Passed  the  Senate  November  25, 1863.    Passed  the  House  of  Representetives 
November  26,  1863.    Approved  by  the  Governer  November  27, 1863. 


Chapter  1,393— [No.  10.] 
AN  ACT  to  incorporate  the  Apalachicola  Channel  Company. 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 


LAWS  OF  FLORIDA.  13 

sentatives  of  the  State  of  Florida  in  General  Assembly  conv<  m  d,         1863. 
That  Joiin'D.  Atkins,  Joseph  L.  Dunham,  II.  R.  Taylor,  W.  T.   " 
Wood,  George  Buckman,  C.  G.  Holmes,  A.  Hancock,  Thomas      (.         t  , . 
Orman,  It.  Myers,  T.  II.  Austin,  F.  M.  Bryan  and  W.  J.  McAl- 
lister, citizens  of  the  Confederate  States  and  of  this  State,   and 
such  persons  as  now  are  and  may  be   hereafter  associated   with 
them,  not  less  than  ten  in  number,  of  whom  at  least  rive  shall  be 
residents  of  this  State,  shall  be  and  are  hereby  constituted   and 

to  be  a  body  politic  and  corporate,  byname  and  style  of  posefof c<? pm 
the  Apalachicola  Channel  Company,  for  the  purpose  of  deepening 
or  cons ;. meting  a  channel  affording  a  greater  depth   of  water  for 
vessels  of  all  classes  from  the   City  of  Apalachicola,   extending 
from  the  up  river  limits  of  the  corporation   of  Apala  out 

todeep  water  in  -  Sound,  as 

vis;:  i  i  said  Sound   wherever   they  may  think  ry. 

And  by  'hat  name  they,  their  succ 

ling  and   beii  plead  and  being  in 

g  and  be;  •  red  unto,  defending  and  b- 

led  in  all  courts,  tribunals  and  .  oever,  and  shall 

hav  bo  adopt,  make  and  use  (a)  common  seal,  and  tl 

at  pi  (,  alter  and  amend  ;  and  they  and  their  si    - 

d  their  assigns,  by  the  Same  manner  and  si  vie,  shall  be   ,, 

i  ..  .  &      '  .  J    .  .  ,         .        '       '  .  .  Corp; 

capable  oi  creating,  purchasing,  renting  or  leasing  whan  lots 
adjacenl  to  the  channel   and  thereon   wharves   where 

none  exist  ;  but  in  no  ive  the  power  or  the  right 

to  interfere  with  or  obstru<  irivate  or  city  wharf,  or  wharf 

lot,  or  otherwise  injure  any  private  property  or  vested  right  of  in- 
dividuals, or  of  the  City  of  Apalachicola  ;  of  purchasing,Jrenting 

or  leasing  any  wharf  or  wharves  now  bnilt  or  erected,  but  shall 
always  conform  to  the  rates  of  wharfage  established  by  the  City 
of  Apalachicola,  and  shall  be  subject  and  liable  to  all  the  rules 
and  regulations  of  said  City  established  for  the  regulation  of  an- 
chorage and  quarantine,  with  the  privilege  and  right  in  said  com- 
pany of  purchasing,  holding  and  conveying  any  property,  real  or 
personal,  any  steamer  or  steamers,  (or  steamers,)  vessel  or  vessels, 
barges  or  boats  of  any  kind  or  description  whatsoever,  necessary 
or  expedient  to  carry  out  and  fulfill  the  objects  of  said  corpora- 
tion. 

Sec.  2.  -Be  it  further  enacted,  The  capital  of  said  company 
shall    be.  two   hundred   thousand   dollars,  divided  into   shares  of  capital  stock. 
one  hundred  dollars  each,  transferable  in  such  manner  and  under 
such   restrictions  as  the  said   corporation  by   their  by-laws  may 
require  and  direct. 

> o'.  3.  Be  it  farther  enacted,  That  the  above  named  persons, 

majority!  of  them,  as  Commissioners,  may  open  books  to 

receive   subscriptions  to  the  capital  stock  rf  said  corporation,  at 

such-  time  or  times  and  place  or  places,  as  soon  after  peace  is  de- 


Books  of  sub- 
scription. 


14 


LAWS  OF  FLORIDA. 


1863. 


Meeting  of  st1k 

holder?. 


Election  of  Di- 
rectors. 


Annul  meeting 
of  Sto< 


: 


* 


■ 


i 


clared  as  they,  or  a  majority  of  them,  may  think  proper;  and  as 
soon  as  fifty  per  centum  upon  the  capital  stock  shall  be  sub- 
scribed, and  twenty  per  centum  paid  in,  to  give  notice  for  a 
meeting  of  the  Stockholders  to  choose  five  Directors  among  said 
Stockholders,  three  of  whom,  at  least,  shall  be  citizens  of  the 
State  of  Florida,  and  such  election  shall  be  made  at  the  time  and 
place  appointed  by  suck  of  the  Stockholders  as  shall  attend  for 
the  purpose,  cither  in  person  or  by  proxy,  each  share  of  the  capi- 
tal stock  entitling  the  holder  thereof  to  one  vote.  And  the  said 
above  named  persons,  or  a  majority  of  them,  shall  be  inspectors 
of  the  first  election  of  Directors  of  said  corporation,  and  shall 
certify  under  their  hands  the  names  of  those  persons  duly  elected. 
And  the  Commissioners  shall  deliver  over  the  subscription  book, 
with  al!  funds  in  hand,  to  said  Directors,  who  may  keep  the  same 
open  by  a  vote  of  the  majority  of  Stockholders  for  further  sub- 
scription, if  the  same  be  deemed  expedient,  until  the  entire 
amount  of  capital  stock  shall  be  subscribed;  and  each  Stock- 
holder so  subscribing,  after  organization  of  said  corporation  as 
aforesaid,  shall  be  bound  by  said  election  and  organization  until 
the  next  annual  election  in  course,  as  is  hereinafter  provided, 
when  he  shall  be  entitled  to  vote  as  original  Stockholder. 

Sec.  4.  Be  it  further  enacted,  That  there  shall  be  an  annual 
meeting  of  the  Stockholders  of  said  corporation,  at  such  time 
and  place  as  trie  said  corporation  may  provide  by  its  by-laws, for 
the  purpose  of  electing  Directors;  and  that  the  time  of  holding 
the  first  meeting  of  the  Directors  under  the  said  first  election 
shall  be  fixed  by  the  said  Directors,  or  a  majority  of  them;  and 
the  said  Directors  chosen  at  said  election,  or  at  the  annual  elec- 
tion to  be  afterwards  held,  shall,  as  soon  as  may  be,  after  every 
subsequent  election,  choose  out  of  their  number  a  President,  and 
in  case  of  the  death,  resignation  or  removal  of  the  President,  or 
any  Director,  such  vacancy  or  vacancies  may  be  filled  for  the 
remainder  of  the  year  wherein  they  may  happen  by  the  said 
remaining  Directors,  or  a  majority  of  them ;  and,  in  case  of  the 
absence  of  the  President,  the  said  Directors,  or  a  majority  of 
them,  may  appoint  a  President  "pro  tern."  who  shall  exercise 
such  powers  and  functions  as  the  by-laws  of  said  corporation 
may  provide. 

Sec.  5.  Be  it  further  enacted,  That  the  said  Directors,  or  a 
majority  of  them,  shall  elect,  simultaneously  with  the  President 
and  annually,  a  suitable  person,  other  than  a  Director,  who  shall 
discharge  the  duties  of  Secretary  and  Treasurer  of  said  corpora- 
tion, who  shall  be  a  Stockholder  in  the  same. 

Sec.  6.  Be  it  further  enacted,  That  in  case  it  should  happen 
that  an  election  of  Directors  should  not  be  made  when  pursuant 
to  this  act  it  should  be  had,  the  said  corporation  shall  not  by 
reason   thereof  be  dissolved,  but  such   election  shall  be  held  at 


LAWS  OF  FLORIDA. 


15 


any  other  time,  and  the  Directors  previously  elected  shall  con- 
tinue as  Directors  until  a  new  election  shall  be  had,  a  majority 
of  said  Directors  of  said  corporation  to  transact  all  business  of 
said  'corporation  ;  and  they  shall  have  power  to  call  in  the  capi- 
tal stock  of  said  Company  by  such  instalments  as  they  may  deem 
advisable,  giving  thirty  days  notice  thereof  to  the  Stockholders, 
by  advertisement,  in  some  newspaper  or  newspapers.  I: 
of  the  non-payment  of  said  instalments,  the  Stockholders  so  fail- 
ing to  pay  their  instalments,  within  ten  days  after  the  same  be- 
comes due,  shall  forfeit  their  share  or  shares  ami  the  amouu 
fore  paid  to  the  corporation. 

Sec.  7.  Be  it  further  enacted,  That  said  Company 
and  collect  tonnage  dues  upon  all  vessels  which  shall  p\ 
said  channel  constructed  or  deepened  under  this  act, 
draw  over  six  feet  water,  not  exceeding  one  doliar  per  ton  for 
the  first  ten  years  after  the  constructian  or  deepenin  chan- 

nel, and  not  exceeding  fifty  cents  per  ton  for  the  succ< 
years;    same  tonnage  duties  shall  entitle  all  vessels  to  proce 
and  from  the  City  of  Apalachicola  back  to  deep  water  at  the  rate 
aforesaid,  and  said  tonnage  rates  may  be  collected  by  attachment, 
which  may  be  commenced  without  giving  bonds. 

Sec.  8.  Be  it  further  enacted,  That  said  Company  shall  have 

a  lien  upon  all  vessels,  their  tackle,  apparel  and  furniture,  passing 
through  said  channel  for  the  collection  and  recovery  of  the  chan- 
nel duties  aforesaid. 

Sec.  9.  Be  it  further  <  reacted,  That  the  said  Company  i 
from  time  to  time,  appoint  such  Captains,  Commanders,  A_ 
and  all  othen*  officers  and  employees  as  to  them  may  seem  i 
and  necessary  for  the  interest  of  said  corporation. 

Sec.  10.   Be  it  further  enacted,  That  the  Directors  of  said  Com- 
pany, or  a  majority  of  them,  shall  settle  and  adj  books  and 
accounts  of  said  corporation  at  least  once  every  year,  and  submit 
a  detailed  statement  of*  the  affairs  thereof  to  the  Stockholders  at 
their  annual  meeting,  and    declare  and  pay   such  divi  lend  of  the 
actual  profits  thereof  as  the  condition  of  the  said  Company 
justify;  and  the  Stockholders  shall  have  power  toad'*;:,  snch  by- 
laws for  the   government  of  said  Company   as 
proper,  not  inconsistent  with  the  charter  or  t! 
of  Florida. 

Sec.  11.  Be  it  further  enacted,  That  the  sard  Directors, 
majority  them,  shall  have  power  to  exact  from  the  Treasurer,  or 
any   other  officer  of  said  Company,  a  bond   in  Buch   sum  as  they 
may  deem  proper,  conditioned  for  the  faithful  performance  of  the 
duties  of  the  office. 

Sec.  12.  Be  it  further  enacted,  That  the  private  property  of 
the   Stockholders  in  said   Company   shall  only   be  liable  for* the 


1863. 


Instalments  of 

stock. 


Tonnaj 

how  collected. 


hi  ves- 
sels. 


Officers  of  Com- 
pany. 


Books  and  ac- 


Dividends, 


Bondo  i 


Private  proper- 
ty of  stockh*drs 


LAWS  OF  FLORIDE. 

debts,  liabilities  and  obligations  of  said  Company  pro  rata,  ac- 
cording to  the  amount  of  stock  owned  by  each  Stockholder. 

Passed  the  Senate  November  25, 1863.    Passed  the  House  of  Representatives 
November  20, 1863.    Approved  by  the  Governor  November  27, 1863. 


Chapter  1,394 — [No.  11.] 

AN  ACT  to  be  entitled  an  act  to  allow  the  Judges  of  the  Circuit  Courts  of  this 
State  to  appoint  Sheriffs  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  whenever  any  Sheriff  or  Coroner  in  this  State  shall  fail  to 
attend  in  person,  or  by  deputy,  any  term  of  the  Circuit  Court  of 
his  county,  from  sickness,  death  or  other  cause,  the  Circuit  Judge 
Court  ma  a  attending  said  Court  shall  have  power  to  appoint  a  Sheriff,  who 
point  Sheriff,  shall  assume  all  the  responsibilites,  perform  all  the  duties  and  re- 
ceive the  same  compensation  as  if  he  had  been  duly  elected  the 
Sheriff  for  said  term  of  the  Court  and  no  longer. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  militating  against 
this  act  be  and  the  same  are  hereby  repealed. 

Passed  the  Senate  November  19, 1863.    Passed  the  House  of  Representatives 
November  21, 1863.    Approved  by  the  Governor  November  27, 1863. 


Chapter  1,395— [Xo.   12.] 

AN  ACT  to  amend  the  sixth  Section  of  an  act  entitled  an  act  to  change  the 
mode  of  selecting  Grand  and  Petit  Jurors  in  this  State,  approved  February  8 
1861. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Mepre- 
of  the  State  of  Florida  in  General  Assembly  convened, 
That  it  shall  not  be  necessary  to  revise  the  Jury  lists  of  the  sev- 
eral counties  of  this  State  at  every  term  of  the  Circuit  Courts  as 
now  provided  by  law,  but  the  same  shall  be  revised  at  the  Fall 
term  of  the  Circuit  Courts  of  the  several  counties  in  this  State 
in  each  and  every  year. 

Sec.  2.  Be  it  further  enacted,  That  the  Judges  of  the  Circuit 
rsonsinmili-  Courts  of  this  State  be  and  they  are  hereby  authorized  to  take 
from  the  Jury  Box  (Grand  and 'Petit,)  the  names  of  all  persons 


Revisal  of  jury 

lists. 


T:\rv  service'. 


LAWS  OF  FLORIDA.  17 

in  the  military  service  of  the  Confederate  States,  or  who  may  here-  1863. 

after  enter  the  military  service  of  the  Confederate  States,  and  seal 
the  same  up  in  an  envelope,  to  be  safely  kept  by  the  Court  so  long 
as  said  person  remains  in  said  service ;  and  at  the  expiration  of 
such  service  their  names  to  be  returned  to  the  Jury  Box  from 
which  they  were  taken. 

Passed  the  House  of  Representatives  November  23,  1803.     Passed  the  Seuate 
November  26, 1868.    Approved  by  the  Governor  November  30,  1863. 


Chapter  i,390-^[No.  10.] 

AN  ACT  to  legalize  entries  of  Public  Lands  ma'e  after  the  Secession  of  Florida 
abd  requiring  the  Receivers  to  account  for  the  moneys  received  therefor. 

i.  Be  it  enacted  by  the  Senaps  find  Hbasi  of  Repre- 
sentatives of  t 

That  all  entries  and  land  warrants  locations  made  upon  the  pub- 
lic lands  of  this  :-[.•:!.■  at  any  of  the  late  United  States  land  offices 
after  the  tenth   day    of  January,  1861,  be  and  they  are  hereby   j^a^V^S 
confirmed  and  legalized,  and  such   lands  shall  be  patented  to  the   confirmed. 
purchasers  and  locators  upon  the  surrender  by  them  of  the  dupli- 
cate receipt  or  certificates  of  location  issued  to  them. 

.  That  the  Register  of  Public 
Lands  shall  ask  and  demand  of  the  late  United  States  Receivers 
the  payment  to  him  of  all  monies  received  by  them  from  sales  of 
public  lands  after  the  tenth  day  of  January,  1861,  except  so  much  inpayment/or 
as  has  been  refunded  to  the  purchasers;  and  in  case  of  a  failure  land8, 
or  refusal  to  pay  the  same,  the  Register  of  Public  Lands  is  here- 
by authorized  and  instructed  to  institute  suit  in  the  name  of  the 
Suite  of  Florida  for  the  recovery  I 

of  the  county  wherein  such  defaulting  Receiver  may  reside,  and 
the  Solicitor  of  the  Circuit  shall  prosecute  such  suit. 

S:;c.  3.  Be  it  further  enacted,  That  when  the  Receivers  shall 
have  paid  to  the  Register  of  Public  Lands  the  monies  received 
by  them  as  aforesaid,  the  Treasurer  of  the  State  shall  pay  to  such 
Receivers  the  amount  of  salary  and  commissions  that  they  would  salaries  of  Re- 
have  been  entitled  to  under  the  laws  of  the  United  States  from 
the  10th  day  of  January  to  the  27th  day  of  April,  1861,  said 
amount  to  be  "paid  upon  the  warrant  of  the  Register  of  Public 
Lands. 

Passed  the  House  of  Representatives  November  20, 1863.     Passed  the  Senate 
November  26, 186S.    Approved  by  the  Governor  November  30, 1863. 
3 


ceivers. 


18  LAWS  OF  FLORIDA. 

1863. 


Chapter  1,397— [No.  14.] 

AN  ACT  in  relation  to  holding  Probate  Courts  during  the  present  war. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  from  after  the  passage  of  this  act,  and  until  the  close  of  the 
in  the  county   war'  ^  sna^  ^e  lawful  for  the  Judge  of  Probate  for  the  county 
of  Santa  Rosa,     of  Santa  Rosa,  by  giving  due  public  notice  as  required  by  law, 
to  hold  his  Court  at  Pine  Level  in  said  county. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Judge  of  Probate 
shall  keep  a  book  of  record  of  his  proceedings,  which  shall,  after 
Book  of  records  tne  termination  of  the  present  war,  be  transcribed  upon  the  origi- 
nal book  of  records  of  said  county,  and  that  he  is  hereby  author- 
ized to  do  the  same. 

Sec.  3.  Be  it  farther  enacted,  That  whenver  the  county  "site 
of  any  county  in  this  State  is  in  danger  on  account  of  the  pres- 
batedSraay  Pi-e-  ence  °f tne  enemy,  or  on  account  of  there  being  no  military  force 
records^  sufficient  to  protect  the  same,  it  shall  be  lawful  for  the  Judge  of 
Probate  of  the  county  where  such  county  site  is  in  danger,  to 
hold  his  Court  and  remove  the  records  to  any  place  in  the  county, 
or  in  an  adjacent  county,  which  may  be  the  most  convenient  and 
safe,  upon  giving  public  notice,  by  posting  in  three  public  places 
in  the  county,  or  in  some  newspaper  in  this  State. 

Passed  the  Senate  November  26, 1863.     Passed  the  House  of  Representatives 
November  27, 1863.    Approved  by  the  Governor  November  30, 1863. 


move 

&c,  in  case  of 

public  danger 


Chapter  1,398— [No.   15.] 
AN  ACT  to  amend  an  Act  to  provide  for  an  additional  issue  of  Treasury  Notes. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  the  Governor  be  and  he  is  hereby  authorized  to  issue  Treas- 
change  bills.  U1T  Notes  or  Change  Bills  of  one  dollar  and  of  the  fractional 
parts  of  a  dollar,  to  the  amount  of  fifty  thousand  dollars,  in  lieu  of 
the  "fifty  thousand  dollars  in  hundreds"  provided  for  in  the  first 
section  of  the  act  entitled  an  act  to  provide  for  an*  additional  is- 
sue of  Treasury  Notes,  approved  December  13,  1862. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  and  parts  of  laws 
conflicting  with  this  act,  be  and  they  are  hereby  repealed. 

Passed  the  Senate  November  23, 1863.  Passed  the  House  of  Representatives 
November  27, 1863.    Approved  by  the  Governor  November  30,  1863. 


LAWS  OF  FLORIDA. 


19 


1863. 
Chapter  1,399— [No.  16.] 

AN  ACT  to  extend  the  provisions  of  an  Act   entitled  an  Act  for  the  relief  of 
General  William  E.  Anderson  aud  others,  approved  December  10th,  1862. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  conven- 
ed, That  the  Comptroller  of  the  State  be  and  he  is  hereby  re- 
quired to  audit  and  allow,  and  the  Treasurer  is  hereby  required 
to  pay  upon  warrant  from  the  Comptroller,  all  amounts  found  comptroller  t 
due  to  persons  acting  under  the  orders  of  General  William  E.  issue  warrant. 
Anderson  for  services  rendered  in  the  transportation  of  arms, 
ammunition,  <fcc,  from  Marianna  to  Neil's  landing,  in  Jackson 
county,  or  for  provisions  furnished  to  Capt.  J.  M.  F.  Erwin's  com- 
pany, or  others,  whilst  guarding,  discharging  and  transporting 
said  arms  and  ammunition  from  the  Steamer  Florida,  at  St.  Au- 
drews  Bay,  to  Marianna,  in  the  county  aforesaid,  under  and  by 
virtue  of  an  order  from  his  Excellency  the  Governor  of  this  State 
to  the  said  General  Anderson:  Provided,  That  the  whole  amount 
of  expenditure,  under  the  provision  of  this  act,  shall  not  exceed 
the  sum  of  two  hundred  dollars. 

Passed  the  House  of  Representatives  November  24,  1863.    Passed  the  Senate 
November  24,  1863.     Approved  by  the  Governor  November  30,  1863. 


Chapter  1,400— [No.  17.] 

AN  ACT  for  the  relief  of  Edward  Jordan,  Sheriff  of  Taylor  County. 

Whereas,  Edward  Jordan,  Sheriff  of  said  county,  was  charged 
with  one  hundred  dollars  revenue  for  license-to  retail  spirituous 
liquors  in  Taylor  County,  Florida,  and  was  compelled  to  pay 
the  same  or  be  in  default ;  Whereas,  he  was  not  indebted  but 
fifty  dollars  of  the  amount, 

Section  1.  Therefore  be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Florida  in  General  Assembly 
convened,  That  the  Comptroller  of  the  State  be  and  he  is  hereby 
authorized  to  issue  his  warrant  upon  the  Treasurer  of  the  State 
for  the  sum  of  fifty  dollars,  in  favor  of  Edward  Jordan,  to  be 
paid  out  of  any  money  in  the  Treasury  not  otherwise  appropria- 
ted, any  law  to  the  contrary  notwithstanding. 

Passed  the  House  of  Representatives  November  24, 1863.  Passed  the  Senate 
November  26, 1863.    Approved  by  the  Governor  November  30, 1863. 


Preamble. 


Comptroller  to 
issne  warrant. 


20 


LAWS  OF  FLORIDE. 


1863. 


Persons  having 
claims  against 
confisca  ted 
property. 


Manner  of  pro- 
ceeding. 


Judge  may  en- 
tertain causes 
at  chambers. 


Manner  of  pay- 
ing claims. 


Payment  pro 
rata. 


Chapter  1,401— [No.  18.] 
AN  ACT  relating  to  property  confiscated  to  the  use  of  the  State.. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General .  \Membly  convene^ 
That  all  loyal  citizens  of  the  Confederate  States  of  America  hav- 
ing claims  or  demands,  obligations  or  debts  of  any  and  every 
kind,  against  any  person  or  under  acceptance  for  any  person  late 
a  citizen  of  the  State  of  Florida,  and  whose  property  has  been: 
or  may  hereafter  be  seized  and  confiscated  by  the  judgment  of 
the  Circuit  Courts  under  ordinance  number  thirty-nine  (39)  of 
the  late  Convention  of  the  State,  or  under  any  other  ordinance 
of  said  Convention,  shall  be  permitted  to  intervene  by  petition 
before  the  Court  ordering  the  confiscation,  and  to  have  decreed! 
him  or  them  the  amount  of  his  or  their  claim,  demand,  obliga- 
tion, acceptance  or  debt,  upon  proof  of  the  same  being  made  and 
submitted  to  the  Court,  and  to  have  execution  therefor  as  inca- 
ses of  judgment. 

Sec.  2.  Be  it  further  enacted,  That  the  several  Judges  of  the 
Circuit  Courts  of  the  State  are  hereby  directed  to  entertain  all 
applications  under  this  act,  and  to  give  judgment  therein  at 
Chambers,  when  the  cause  or  causes  are  ready  for  hearing. 

Sec.  3.  Be  it  further  enacted,  That  in  case  the  property,  or 
any  portion  thereof,  consists  of  money,  and  the  same  has  been, 
deposited  in  the  Treasury  of  the  State,  the  order  of  the  Judge 
directed  to  the  Treasurer  shall  be  sufficient  voucher  for  its  pay- 
ment ;  and  the  Comptroller  is  hereby  ordered  to  audit  and  the 
Treasurer  to  pay  the  amount  so  directed  to  be  paid  by  the  order 
of  the  Judge  aforesaid. 

Sec.  4.  Be  it  further  enacted,  That  upon  all  petitions  present- 
ed under  this  act  the  decree  shall  direct  a  pro  rata  payment  upon, 
each  judgment,  unless  there  are  funds  or  property  sufficient  to. 
satisfy  all:  Provided,  however,  That  where  a  lien  is  alleged  and 
proved  against  any  particular  fund,  then  said  lien  shall  have  pre- 
ference and  be  paid  in  full,  irrespective  of  all  other  claims  :  And,, 
provided  further,  That  all  petitions  claiming  the  benefit  of  such; 
pro  rata  division  shall  be  filed  within  sixty  days  after  public  no- 
tice in  the  newspapers  of  the  judgment  of  confiscation. 

Sec.  5.  Be  it  further  enacted,  That  after  the  payment  of  any 
and  all  such  claims  as  provided  in  the  foregoing  sections,  or  in 
cases  where  no  claims  are  presented  as  authorized  in  this  bill,  the 
next  of  kin  in  the  direct  ascending  and  descending  lines  of  any 
person  falling  or  coming  under  the  provisions  of  the  ordinance 
number  thirty-nine  (39,)  referred  to  in  the  first  section  of  this 
act,  faithful  citizens  of  the  Confederate  States,  or  engaged  in  their 
military  or  naval  service,  shall  be  entitled  to  have  decreed  them 


LAWS  OF  FLORIDA. 


21 


Distribution  ol 
residue  to  next 
of  kin. 


(they  paying  all  costs)  the  property,  effects  and  credits  of  such  1863. 
person  so  departing  the  State,  as  set  out  and  provided  in  the 
aforesaid  ordinance  number  thirty-nine  (39,)  as  if  dead  intestate, 
leaving  no  other  heirs,  or  distributees,  chargeable,  however,  in 
their  hands,  as  in  case  of  administration  or  heirship,  with  all 
debts  due  to  faithful  citizens  of  any  of  the  Confederate  States,  as 
provided  for  in  this  bill. 

Sec.  G.  Be  it  farther  enacted,  That  the  Judges  of  the  Circuit 
Courts  shall  have  power  and  authority,  in  all  cases  arising  under 
the  said  ordinance  number  39,  to  fix  and  order  and  decree  that 
all  expenses,  fees,  costs,  <fcc,  which  the  State  may  incur,  that  may  Cost;i-  ' 
accrue  and  arise  in  any  such  cases  on  petition  or  otherwise,  shall 
be  paid  out  of  the  funds  arising  from  the  sale  of  such  confiscated 
property,  or  such  cash  funds  as  may  be  in  hand  arising  in  such 
case;  and  such  order  shall  authorize  and  be  an  appropriation  of 
such  funds  as  may  be  necessary  and  proper  for  said  purpose. 

Sec.  7.  ih  it  further  enacted,  That  the  Attorney  General  be 
and  he  is  hereby  required  to  give  the  notice  by  publication  pro- 
vided for  by  the  4th  section  of  this  act. 

Sec.  8.  Be  it  further  enacted,  That  whenever  the  State  of 
Florida  has  a  claim  or  demand  against  such  person,  other  than 
the  claim  derived  from  the  judgment  of  confiscation,  or  any  citi- 
zen thereof  has  any  claim,  whether  liquidated  or  unliquidated,  the 
Court  shall  hear  and  determine  the  same  at  Chambers  on  peti- 
tion, and  give  a  decree  thereon,  to  be  paid  out  of  said  confiscated 
property,  before  the  heirs  shall  take  as  aforesaid. 

Passed  the  House  of  Representatives  November  24,  ls'^'>.  Passed  the  Senate 
November  25,  18681     Approved  by  the  Governor  November  30,  1863. 


Notice. 


Claims  anaiust 
fimdbv  St  at 'j. 


Chapter  1,402— [Xo.   19.] 


AN  ACT  to  raise  the  salary  of  the  State  Treasurer  and  other  Officers  therein 

named. 


•  Section  1.  Be  it  enacted  by  the  Senate  and  House  of  $tepr& 
xc/ttatn-es  of  the  State  of  Florida  in  General  Assembly  convened, 
That  from  and  after  the  passage  of  this  act,  the  salary  of  the      Treasurer. 
State  Treasurer  shall  be  sixteen  "hundred  dollars  per  annum,  pay- 
able as  heretofore  provided  by  law. 

Sec.  2.  Be  it  further  enacted,  That  the  Attorney  General  and 
Clerk  in  the   office  of  the  Register  of  Public  Lands  shall  each 
receive    three  hundred   dollars  in  addition   to  the  compensation   &cieSmLand 
now  allowed  by  law;  and  the  Private  Secretary  of  the  Governor  Office,  ^/gg* 
shall  receive  four  hundred  dollars  in  addition  to  the  compensation  comptroller. 


22 


LAWS  OF  FLORIDA. 


1863. 


Fees  of  Sher- 
iffs, Clerks  and 
Judges  of  Pro- 
bate. 


now  allowed  by  law;  an.d  that  the  Solicitors  of  the  several  Cir- 
cuits receive  two  hundred  dollars  in  addition  to  their  present 
salaries;  and  that  the  Comptroller  be  allowed,  in  addition  to  his 
present  salary,  two  hundred  dollars. 

Sec.  3.  Be  it  further  enacted,  That  the  fees  of  Sheriffs,  Clerks 
of  the  Circuit  Courts  and  Judges  of  Probate  shall  be  double  the 
present  fees  allowed :  Provided,  That  Jailors  shall  receive  one 
dollar  per  day  for  each  prisoner's  subsistence. 

Passed  the  House  of  Representatives  November  25,  1863.  Passed  the  Senate 
November  27,  1863.     Approved  by  the  Governor  November  30„  1863. 


Chapter  1,403— [No.  20.] 
AN  ACT  providing  for  the  payment  of  certain  Claims  against  the  State. 


Ciaims  to  be 
paid. 


Limitation. 


Endorsement  of 
claims. 


Section  1.  Be  it  enacted  by  the  Senate  and,  House  of  Repre- 
sentatives of  the  State  of  Florida,  in  General  Assembly  convened, 
That  the  Comptroller  be  and  he  is  hereby  authorized  and  re- 
quired to  audit  and  allow  the  claims  for  services  rendered  and 
supplies  furnished,  arising  out  of  the  military  operations  of  the 
State  in  1861  and  1862,  which  claims  arc  now  in  the  hands  of 
the  Quarter  Master  General  of  the  State,  and  have  been  approved 
and  signed  by  one  of  the  following  named  officers,  viz:  Brigadier 
General  R.  F.  Floyd,  Lt.  Col.  Thos.  E.  James,  Major  S.  P.  Rich- 
ardson, Capt.  John  D.  Atkins,  Lt.  R.  D.  Mann  and  Quarter  Mas- 
ter J.  J.  Griffin,  Walter  J.  Robinson,  W.  K.  flyer,  H.  K.  Sira- 
mons  and  Joseph  M.  Taylor,  Aid-de-Camp ;  and  the  Treasurer 
shall  pay  the  same  to  the  claimant,  or  his  legally  authorized  agent,, 
on  the  warrant  of  the  Comptroller:  Provided,  The  whole  amount 
of  expenditure  under  this  bill  shall  not  exceed  the  sum  of  five 
thousand  and  eighty-six  ($5,086)  dollars. 

Sec.  2.  Be  it  further  enacted,  That  no  claim  shall  be  paid 
under  the  provisions  of  this  act  except  such  as  shall  be  endorsed' 
by  the  Chairman  of  the  Committee  on  Claims  in  the  House,  and 
Chairman  of  the  Committee  on  Propositions  and  Grievances  io 
the  Senate. 

Passed  the  House  of  Representatives  November  25,  1863.  Passed  the  SenaS* 
November  30,  1863.     Approved  by  the  Governor  December  1,  1863. 


LAWS  OF  FLORIDA. 


23 


1863. 


Name  of  com- 
pany changed. 


Chapter  1,404 — [No.  21.] 

AN  ACT  to  amend  the  Charter  of  the  Alabama  &  Florida  Railroad  Company. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  Gent  ral  Assi  mbly  conveiied, 

That  the  Charter  of  the  Alabama  &  Florida  Railroad  Company 
he  and  the  same  is  hereby  amended  as  follows:  First,  the  name 
of  said  Company  shall  be  changed  to  Pensacola  Railroad  Compa- 
ny, after  notice  shall  have  been  given  for  three  months  in  some 
newspaper  printed  in  the  City  of  Pensacola,  which  notice  shall 
stale  the  day  on  which  said  change  of  name  shall  commence  to 
take  effect;  Second,  said  Railroad  Company  shall  have  power, 
with  the  assent  of  the  Stockholders  in  general  meeting,  to  aid  in 
the  construction  of  a  building  in  the  City  of  Pensacola  to  be  used 
as  a  Hotel;  also,  shall  have  power  to  aid  in  the  establishment  of 
an  Omnibus  line  in  the  City  of  Pensacola,  and  in  the  establish- 
ment of  a  line  or  lines  of  Steam  Vessels,  to  run  from  the  Citv  or 
port  of  Pensacola  to  any  other  port  or  ports,  this  aid  to  be  given 
by  subscription  or  otherwise,  and  to  such  an  amount  as  the  Board 
of  Directors  may  think  proper. 

Sec.  2.  Be  it  further  enacted,  That  if  from  any  cause  the 
right  of  way  has  not  been  obtained  by  the  Company,  or  when 
•tone,  lumber  or  other  material  are  required  in  the  construction 
or  repairs  of  said  Railroad,  and  the  owner  and  the  Company  can- 
not agree  upon  the  price,  or  when  the  owner  is  an  infant*  non 
resident  or  non  compos  mentis,  then  it  shall  be  lawful  for  the 
President  and  Directors  of  said  Company  to  apply  to  the  Sheriff 
of  the  County  in  which  said  land  or  other  property  may  be  sit- 
uated, who  shall  summon  a  jury  of  seven  disinterested  freehold- 
ers, a  majority  of  whom  shall  be  authorized  to  assess  the  dama- 
ges and  return  their  award  or  judgment  to  the  next  term  of  the 
Circuit  Court  for  the  county  in  which  said  land  or  other  property 
may  be  situated,  and  which  shall  be  entered  by  the  Clerk  as  the 
judgement  of  the  Court,  and  execution  may  issue  thereupon  for 
Che  amount  of  said  judgment  and  costs  :  Provided,  always,  That 
if  either  party  shall,  upon  the  return  thereof,  be  dissatisfied,  they 
may,  upon  filing  bond,  with  good  and  sufficient  security,  in  such 
*um  as  the  Court  may  order,  be  allowed  an  appeal  to  the  next 
term  of  the  Circuit  Court,  When  said  case  shall  stand  for  trial  de 
novo:  Provided,  also,  Thirty  days  notice  shall  have  been  given 
to  the  opposite  party,  issued  by  the  Clerk  of  the  Court  and  served 
by  the  Sheriff  of  the  county. 

Sec.  3.  Be  it  further  enacted,  That  the  jurors  summoned  as 
aforesaid  shall  (before  proceeding  to  the  discharge  of  the  duties 
herein  required)  take  an  oath  or  affirmation,  which  the  Sheriff  is  °ath  °f  Juror8 


Railroad  hotel. 


Line  of  Steam 

vessels. 


Proceeding  in 
the  nature  of  a 
writ  of  ad  quod 

damnum . 


24 


LAWS  OF  FLORIDA. 


1863. 


Property  to  in- 
ure to  R.  R.  Co. 


hereby  authorized  to  administer,  to  the  effect  that  they  will  well 
and  truly  inquire  into  and  to  the  best  of  their  judgment  assess 
the  damages  accruing  to  the  owner  or  owners  of  such  lands  or 
materials,  or  lands  and  materials,  by  means  of  the  proposed  con- 
struction. 

Sec.  4.  Be  it  further  enacted,  That  the  said  lands  or  other 
property  so  condemned  or  estimated  as  aforesaid  shall  inure  to 
and  become  the  property  of  said  Company  upon  the  payment  by 
the  said  Company  of  the  amount  assessed  by  the  jury  to  the  party 
claiming  damages  on  account  of  the  construction  of  said  Road 
through  said  lands,  or  for  such  other  property :  Provided,  That 
said  work  shall  be  in  no  wise  delayed  on  account  of  the  proceed- 
ings had  as  aforesaid. 


Passed  the  House  of  Representatives  November  21, 1863. 
November  24,  ISO:}.     Approved  by  the  Governor,  December 


Passed  the  Senate 
1,  1863. 


Chapter  1,405 — [No.  22.] 


AN  ACT  more  particular]}-  defining  the  duties  of  Tux-Assessors  and  Collectors 

in  this  State. 


Time  of  assess- 
ment. 


Tax  books. 


Penalty  of  fail- 
ure to  return 
books. 


Section  1.  Be  it  enacted  by  the  Senate  and'  House  of  Repre- 
'Mves  of  the  State  of  Florida  in  Qenerql  "Assembly  convened, 
That  from  and  after  the  passage  of  this  act,  it  shall  be  the  duty 
of  all  Tax-Assessors  and  Collectors  in  this  State  to  proceed  imme- 
diately after  the  first  of  January,  in  each  and  every  year,  to  assess 
the  tax  on  all  taxable  property  in  their  respective  counties,  ex- 
cepting such  counties  as  may  be  controlled  or  partially  controlled 
by  the  enemy;  and  shall  each,  as  soon  as  the  same  is  completed, 
proceed  to  make  out  three  books  in  alphabetical  order  of  all  the 
taxable  property  in  his  county — one  of  which  books  he  shall  for- 
ward by  the  first  day  of  July,  in  each  and  every  year,  to  the 
Comptroller  of  Public  Accounts  of  this  State — one  other  of  said 
books  he  shall  deliver  to  the  Board  of  County  Commissioners  of 
his  eouMiy,  the to  be  retained  by  himself. 

Si:c.  2.  Be  it  further  enacted,  That  any  Tax-Assessor  who 
shall  fail  to  furnish  the  Board  of  County  Commissioners  or  the 
Comptroller  with  a  correct  copy  of  the  books  so  made  out  by 
him,  on  or  before  the  time  prescribed  in  the  first  section  of  this 
act,  shall  forfeit  to  the  State  all  commissions  for  assessing  and 
collecting  taxes  for  said  year,  and  shall  forfeit  the  additional  sum 
of  one  hundred  dollars,  to  be  recovered  against  him  and  securi- 
ties in  the  manner  now  prescribed  by  law,  under  an  act  entitled 
"  an  act  to  facilitate  the  collection  of  debts  due  the  State  by  any 


LAWS  OF  FLORIDA.  25 

officers,"  approved  December  loth,  1862;  and  the  further  sum  1863. 
of  one  hundred  dollars  for  every  additional  month  he  shall  fail  to 
furnish  said  book  or  books  to  be  collected  as  above  prescribed. 
Sec.  3.  Be  it  further  enacted,  That  an  act  entitled  "  an  act 
relative  to  the  assessment  of  taxes,"  approved  December  8th, 
1862,  be  and  the  same  is  hereby  repealed. 

Passed  the  Senate  November  20, 1863.    Passed  the  House  of  Representatives 
November  30, 1863.    Approved  by  the  Governor  December  2, 1863. 


Chapter  1,406— [No.  23.] 

AN  ACT  for  the  relief  of  Margaret  J.  McKeown,  widow  of  James  A.  McKeown. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  the  entry  by  James  A.  McKeown  of  the  South  East  quarter 
of  Section  sixteen,  in  Township  twenty-one  South,  of  Range  nine- 
teen, East,  shall  be  and  the  same  is  hereby  set  aside  and  can- 
celled ;  and  upon  the  application  of  Margaret  J.  McKeown,  the 
widow  of  said  James  A.  McKeown,  the  Treasurer  of  the  State  is 
authorized  and  required  to  refund  and  pay  over  to  her,  from  the  Treasurer  of  the 
moneys  in  his  hands  belonging  to  the  Common  School  Fund,  iePav- 
the  amounts  paid  for  said  tract  of  land,  with  interest  from  the 
dates  of  such  payments  upon  warrants  of  the  Comptroller  of 
Public  Accounts,  which  warrant  shall  be  issued  by  said  Comp- 
troller upon  the  filing  of  a  certificate  of  tin-  Register  of  Public 
Lands,  stating  the  amounts  and  dates  of  the  payments  aforesaid; 
and  the  Register  of  Public  Lands  is  hereby  authorized  and  re- 
quired, upon  demand  of  the  said  Margaret  J.  McKeown,  to  can- 
cel and  surrender  the  bonds  now  in  his  possession,  which  were 
executed  by  the  said  James  A.  McKeown,  for  credit  instalments 
upon  the  entry  of  the  land  aforesaid. 

Passed  the  Senate  November  26, 1S63.    Passed  the  House  of  Representatives 
November  30, 1863.    Approved  by  the  Governor  December  2, 1863. 


Chapter  1,407— [No.  24.] 

AN  ACT  for  the  relief  of  D.  B.  Cappleman,  Sheriff  of  Marion  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
4 


26 


LAWS  OF  FLORIDA. 


1863.         That  the  Comptroller  be  and  he  is  hereby  authorized  and  directed 

to  remit  a  certain  fine  now  outstanding  against  D.  B.  Cappleman, 

Fine  remitted.  Sheriff  of  Marion  county,  in  the  case  of  the  State  of  Florida  vs. 

John  F.  McMonroe,  the  sum  of  said  fine  being  $1,089  10-100 

(one  thousand  and  eighty-nine  one-hundredths  dollars.) 

Passed  the  Senate  November  27, 1863.    Passed  the  House  of  Representatives 
November  30, 1863.     Approved  by  the  Governor  December  2, 1863. 


Chapter  1,408— [No.  25.] 
AN  ACT  to  incorporate  the  Monticello  and  Thomasville  Railroad. 


Commission'rs. 


Uonte. 


Books  of  sub- 
scription. 


Capital  stock. 


Shares. 


Geogia  connec- 
tions. 


Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened,, 
That  J.  Y.  Jones,  J.  S.  Divine,  Robert  Scott,  Richard  Turnbull, 
Richard  Parkhill,  F.  R.  Fildes,  B.  W.  Bellamy  and  A.  M.  Man- 
ning, of  the  County  of  Jefferson,  be  and  they  are  hereby  appoint- 
ed Commissioners  to  open  books  and  receive  subscriptions  for 
stock  in  a  Railroad  to  be  constructed  from  the  town  of  Monti- 
cello,  by  the  most  practicable  route,  to  the  Georgia  line,  in  the 
direction  of  Thomasville,  Georgia,  any  five  of  whom  are  author- 
ized to  open  books  for  the  purpose  of  receiving  subscriptions  to 
the  Capital  Stock  of  said  Company  at  such  times  (not  exceeding 
nine  months  after  the  passage  of  this  act)  and  places  as  they,  or 
a  majority  of  them,  may  think  proper,  upon  giving  public  notice 
thereof  of  not  less  than  twenty  days,  and  shall  keep  the  same 
open  until  the  whole  of  the  Capital  Stock  is  subscribed. 

Sec.  2.  Be  it  further  enacted.  That  the  Gnpkal  Stock  of  said 
Company  may  be  three  hundred  thousand  dollars,  with  the  priv- 
ilege of  increasing  the  same  to  five  hundred  thousand  dollars, 
should  such  an  increase,  in  the  judgment  of  the  Directors  of  said 
Company,  be  found  necessary  for  its  construction  and  future  man- 
agement, and  shall  be  divided  into  shares  of  one  hundred  dollars 
each. 

Sec.  3.  Be  it  further  enacted,  That  said  Railroad  be  and  is  here- 
by authorized  to  connect  or  intersect  at  the  Georgia  line  with  a 
Railroad  to  be  constructed  from  Thomasville,  Georgia. 

Sec.  4.  Be  it  further  enacted,  That  as  soon  as  seventy-five 
thousand  dollars  shall  have  been  subscribed  to  the  Capital  Stock 
of  said  Company,  the  subscribers  of  said  stock,  their  successors 
or  assigns,  shall  be  and  are  hereby  declared  to  be  incorporated 
into  a  Company,  by  the  name  of  the  Monticello  and  Thomasville 
Railroad  Company,  and  by  that  name  shall  be  capable  of  purcha- 


LAWS  OF  FLORIDA. 


27 


sing,  holding,  leasing  and  conveying  real,  personal  and  mixed 
property,  so  far  as  shall  be  necessary  for  the  purpose  of  this  Cor- 
poration, and  by  said  incorporated  name  may  sue  and  be  sued, 
plead  and  be  impleaded,  answer  and  be  answered  unto  in  any 
Court  of  law  or  equity  in  this  State,  or  elsewhere  ;  and  to  have 
and  use  a  common  seal,  and  the  same  to  alter  or  amend  at  pleas- 
ure ;  to  pass  all  by-laws,  rules  and  ordinances  for  the  good  gov- 
ernment of  said  Corporation  as  to  them  may  seem  proper,  and 
generally  to  do  all  things  necessary  to  carry  into  effect  the  object 
of  this  act. 

Sec.  5.  Be  itfm  ■  ?ted,  That  as  soon  as  one  hundred 
thousand  dollars  shall  have  been  subscribed,  and  one-fifth  part 
thereof  paid  in  cash,  the  Commissioners  hereby  appointed,  or  a 
majority  of  them,  shall  call  a  meel 

time  and  place  as  they  may  appoint,  and  a1  such  meeting  th 
subscribers,  or  those  holding  a  majority  of  shai  mpa- 

lall  elect  by  ballot  seven  Directors  to  manage  tin 
said  Company,  and  the  Commission*  rity  of 

them,  shall  be  judges  of  a  of  Directors,  and 

Directors  thus  shall  elect  from  among  them  Pres- 

ident of  said  Company,  (who  shall  be  allowed)  such  compensa- 
tion as  they  may  think  proper,  and  on  all  as  whenever  a 
vote  of  Stockholders  shall  be  takeu,  each  Sti  shall  be 
allowed  one  vote  for  every  share  owned  by  him  or  her,  and  any 
Stockholder  may  depute  in  writing  any  other  person  to  vote  and 
act  for  him   or  her,  as  his  or  her  proxy. 

Sec.  6.   Bi    it  furth  r  '.    That  the  said  President  and 

j  Erectors  shall  be  chosen  annually  by  the  Stockh 
cWpany,  and  if  any  vacancy  shall  occur  by  death,  resign 
or  otherwise,  of  any  President  or  Director  before  the,  year  for 
which  they  were  elected  shall  have  expired,  such  vacancy  shall 
be  filled  by  the  President  and  Directors,  or  a  majority  of  them ; 
and  that  the  President  and  Directors  shall  hold  their  office  until 
their  successors  are  chosen  and  qualified,  shall  have  power  to  call 
meetings  of  Stockholders  at  any  time;  and  the  Stockholders,  by 
a  majority  of  votes,  may  have  power  to  remove  the  President  or 
any  Director,  and  to  fill  all  vacancies  occasioned  by  removal  at 
pleasure. 

Sec.  7.  Be  it  further  enacted,  That  the  said  President  and 
Directors,  or  a  majority  of  them,  may  appoint  all  such  officers, 
engineers,  agents  or  servants,  whatsoever,  as  they  may  deem 
necessary  to  carry  on  the  business  of  said  Company,  dismiss 
[mem  at  pleasure,  and  the  majority  of  them  shall  determine  the 
compensation  of  all  said  officers,  engineers,  agents  and  servants, 
shall  have  power  to  pass  all  by-laws  which  they  may  deem  neces- 
sary and  proper  for  exercising  all  the  powers  vested  in  this  Com- 
pany for  carrying  into  effect  the  objects  of  this  act:  Provided, 
That  such,  by-laws  shall  not  be  contrary  to  the  laws  of  this  State, 


1863. 


Incorporation. 


Corporate  pow 

ers. 


:  of  sun- 

scril:. 


Directors. 
President. 


Annual    elec- 
tions and  vacan- 


Officer.-. 


By-laws. 


28 


LAWS  OF  FLORIDA. 


1863. 


Loans. 


Instalments. 


Defaulting 
stockholders. 


Lands,  &c.,  for 
con  struction 
of  road. 


Ad  quod  dam- 
num. 


or  of  the  Confederate  States,  and  said  President  and  Directors, 
or  a  majority  of  them,  are  empowered  to  borrow  money  to  carry 
into  effect  the  objects  of  this  act,  to  issue  certificates  or  other 
evidences  of  said  loan  and  to  pledge  the  property  of  said  Com- 
pany for  the  payment  of  the  same  with  the  interest. 

Sec.  8.  Be  it  further  enacted,  That  the  said  President  and 
Directors  shall  have  power  to  require  the  Stockholders  of  said 
Company  to  pay  such  instalments  on  their  respective  shares  of 
stock,  and  at  such  times  and  places,  either  in  money,  materials, 
labor  or  provisions,  as  they  may  think  b.est  for  the  interests  of 
said  Company ;  and  upon  the  refusal  at  any  time  of  any  Stock- 
holder to  pay  the  instalment  required  on  his,  her  or  their  stock, 
in  pursuance  of  any  call  made  by  the  said  President  and  Direc- 
tors as  aforesaid,  said  President  and  Directors  may,  upon  giving 
thirty  days  notice,  proceed  to  sell  at  public  sale  the  share  or 
shares  of  said  stock  owned  by  said  Stockholder,  or  such  part  as 
they  may  think  proper,  to  the  highest  bidder ;  and  if  upon  a  sale 
of  shares  of  stock  owned  by  said  defaulting  Stockholder,  said 
stock  should  be  sold  for  more  than  the  amount  due  upon  instal- 
ment as  above  mentioned,  the  excess,  after  deducting  accruing 
interest  and  the  necessary  expenses  of  sale,  shall  be  paid  over  to 
said  defaulting  Stockholder. 

Sec.  9.  Be  it  further  enacted,  That  the  President  and  Direc- 
tors of  said  Company  are  hereby  authorized  to  contract  for  and 
receive  conveyances  of  land,  stone,  lumber,  wood  and  all  materi- 
als which  may  be  necessary  or  required  for  the  construction  of 
said  Railroad ;  and  when  the  owner  and  Company  cannot  agree 
upon  the  price,  or  when  the  owner  is  an  infant,  non-resident  or 
non  compus  mentis,  or  in  any  wise  incapable  or  unable  to  man- 
age or  attend  to  his,  her  or  their  own  affairs,  then  it  shall  be  law- 
ful for  the  President  and  Directors  of  said  Company  to  apply  to 
the  Sheriff  of  the  county  in  which  said  land  or  other  property 
may  be  situated,  who  shall  summon  a  jury  of  seven  disinterested 
freeholders,  a  majority  of  whom  shall  be  authorized  to  assess  the 
damages  and  return  their  award  or  judgment  to  the  next  term 
of  the  Circuit  Court  of  the  county  in  which  said  land  or  other 
property  may  be  situated,  which  shall  be  entered  by  the  Clerk 
as  the  judgment  of  the  Court,  and  when  by  said  Company  pay- 
ment of  said  judgment  is  made,  the  land  so  appropriated  to  the 
use  of  the  Road  may  be  used,  owned  and  occupied  by  said  Com- 
pany for  the  use  aforesaid :  Provided,  always,  That  if  either  party 
shall,  upon  the  return  thereof,  be  dissatisfied,  they  may,  upon 
filing  bond,  with  good  and  sufficient  security,  in  such  sum  as  the 
Court  may  order,  be  allowed  an  appeal  to  the  next  term  of  the 
Circuit  Court  of  said  county,  when  said  case  shall  stand  for  trial 
de  novo:  Provided,  also,  Thirty  days  notice  shall  have  been 
given  to  the  opposite  party,  issued  by  the  Clerk  of  the  Court 
and  served  by  the  Sheriff  of  the  county,  and  in  no  case  shall  such 


LAWS  OF  FLORIDA. 


29 


appeal  so  operate  as  to  delay  the  progress  of  the  work  of  said 
Railroad. 

Sec.  10.  Be  it  further  enacted,  That  the  persons  summoned  as 
aforesaid  shall  (before  proceeding  to  discharge  the  duties  herein 
required)  take  an  oath  or  affirmation,  which  the  Sheriff  is  hereby 
authorized  to  administer,  to  the  effect  that  they  will  well  and 
truly  inquire  into  and  to  the  best  of  their  judgment  assess  the 
damages  accruing  to  the  owner  or  owners  oi*  such  land,  or  mate- 
rials, by  means  of  the  proposed  construction,  and  that  said  lands 
or  property  so  condemned  and  estimated,  as  aforesaid,  shall  be- 
come the  property  of  said  Company  upon  the  payment  of  the 
damages  assessed  by  said  jury. 

Sec.  11.  Be  it  further  enacted,  That  in  case  any  person  shall 
wilfully  injure  or  obstruct  in  any  degree  the  said  Road  or  Roads, 
lie  shall  forfeit  and  pay  unto  the  said  Company  three  times  the 
amount  of  all  damages  it  may  sustain  in  consequence  thereof,  to 
be  sued  for  and  recovered  before  any  Court  having  jurisdiction 
thereof;  and,  on  complaint  to  any  magistrate  within  whose  juris- 
diction such  offence  shall  be  committed,  it  shall  be  the  duty  of 
such  magistrate  to  bind  the  person  or  persons  so  offending  with 
sufficient  security  for  his  or  their  good  behavior  for  the  period  of 
not  less  than  one  year ;  and  such  offender  shall  also  be  subject  to 
indictment,  and,  on  conviction,  shall  be  sentenced,  at  the  discre- 
tion of  the  Court,  to  not  less  than  three  or  more  than  six  months 
imprisonment. 

Sec.  12.  Be  it  further  enacted,  That  after  the  completion  of 
said  Road,  or  any  part  thereof,  the  said  President  and  Directors 
may  lay  and  collect  tolls  from  all  persons,  property,  merchandize 
and  other  commodities  transported  thereon  ;  Provided,  The  net 
profit  of  said  Road  shall  not  exceed  twenty-five  per  centum  per 
annum,  and  shall  provide  convenient  passages  to  travel  over  said 
Road  whenever  it  shall  cross  a  public  highway. 

Sec.  13.  Be  it  further  enacted,  That  said  Company  shall  com- 
mence the  building  of  said  Road  within  three  years,  and  complete 
the  same  within  fifteen  years,  from  the  passage  of  this  act. 

Sec.  14.  Be  it  further  enacted,  That  nothing  in  this  act  shall 
be  construed  as  to  confer  upon  said  Company  any  right  to  exer- 
cise the  powers  of  a  Banking  Company,  or  to  issue  any  descrip- 
tion of  paper  intended  for  current  circulation. 

Sec.  15.  Be  it  further  enacted,  That  certificates  of  stock  shall 
be  issued  to  the  Stockholders  on  payment  of  each  instalment, 
which  shall  be  transferable  on  the  Books  of  the  Company  only 
and  by  personal  entry  of  the  Stockholders,  or  his  or  her  legal 
attorney  or  representative,  duly  authorized  for  that  purpose. 

Passed  the  Senate  November  27, 1863.  Passed  the  House  of  Representatives 
December  1,  1863.    Approved  by  the  Governor  December  3,  1863. 


1863. 


Oath  of  jury. 


Persons     ob- 
structing road. 


Tolls  &  profits". 


Time  of  build- 
ing road. 


Banking  pro- 
hibited. 


Certifiactes  of 
stock. 


30  LAWS  OF  FLORIDA. 

1863, 

Chapter  1,409— [No.  26.] 

AN  ACT  to  amend  the  Patrol  Laws  of  this  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  Mouse  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  the  first  section  of  an  act  to  amend  and  consolidate' the  sev- 
! t o  patroidity!  era]  acts  of  this  State  in  relation  to  patrols,  approved  Dec.  17th, 
1861,  be  and  the  same  is  hereby  so  amended  as  to  include  all 
persons  between  the  ages  of  sixteen  and  sixty  years,  and  such 
persons  are  hereby 'made  subject  to  all  patrol  duty  imposed  by 
said  act:  Provided,  That  the  County  Commissioners  of  their 
respective  counties  shall  have  the  power  to  exempt  from  duty  all 
persons  who  are  physically  disqualified  tor  the  duties  imposed  on 
them  by  the  provisions  of  this  act.  That  the  provisions  of  this 
bill  shall  be  in  full  force  and  effect  during  the  continuance  of  the 
present  war  ;m<l  no  longer. 

Passed  the  Senate  December  2, 1863.     Past-eel  the  House,  of  Representatives 
December  3,  1863.     Approved  by  the  Governor  December  3,  1863. 


Provi 


Chapter  1,410— -[No.  27.] 

AN  ACT  -to  authorize  the  Clerk  of  the  Circuit  Court  of  Sumter  County  to  keep 
his  office  at  his  own  house. 

SkOtion  I.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentative* of  the  State  oj  Florida  in  General  Assembly  convened, 
TivU  from  and  after  the  passage  of  this  act  that  it  shall  be  lawful 
for  the  Clerk  of  the  Circuit  Court  of  Sumter  County,  in  this  State, 
to  keep  his  office  at  his  own  house  in  said  county  for  the  term  of 
two  years  frona  the  passage  of  this  aet. 

Passed  t lie  Senate  December  2, 1863.  Passed  the  House  of  Representatives 
December  :;,  1863.     Approved  by  the  Governor  December  3,  1863. 


Chapter  1,411— [No.  28.] 

AN  ACT  to  tTiiend  the  Charter  of  the  Florida,  Atlantic  and  Gulf  Central  Rail- 
road Company. 

Srct-  >\  i.  Be  it  enacted  by  the  Senate  and  Mouse  of  Reprre- 
$e;i*'.(tt  »/'  the  State  of  Florida  in  General  Assembly  convened, 
That  the  fourth  section  of  an  act  to  amend  an  act  entitled  an  act 


LAWS  OF  FLORIDA.  31 

to  incorporate  the  Florida,  Atlantic  and  Gulf  Central  Railroad         1663. 

Company,  approved  January  7th,  1853,  be  amended  as  follows: 

That  is  to  say,  that  every  Stockholder  in  said  Company  shall  be    Vote  0n  shares 

entitled  to  one  vote  for  each  share  of  stock  which  he  or  she  may  of  stock. 

have  subscribed  for  or  own,  less  than  one  hundred   shares,  for 

every  ten  shares  above  one  hundred  one  vote,  and  for  every  fifty 

shares  over  five  hundred  one  vote :  Provided,  That  this  amend- 

mendment  shall  not  be  of  force  until  it  shall  have  received  the 

sanction  of  all  the  Stockholders. 

Passed  the  Senate  December  1,  1863.    Passed  the  House  of  Representatives 
December  3, 1863.     Approved  by  the  Governor  December  3,  1863. 


Chatter  1,412— [No.  29.] 
AN  ACT  for  the  relief  of  Albert  liver. 

Whereas,  There  is  an  unsettled  claim  of  Albert  Hyer  for  servi- 
ces performed  by  him  as   Quarter  Master   under  the  appoint- 
ment of  Gen.  Chase,  which  account  has  been  mislaid, 
Section  1.  Be  it  enacted  ty  the  Senate  and  7L>"x»  of  Repre- 
sentatives  of  the  State  of  Floruit  in  General  Assembly  convened, 
That  upon  the  presentation   of  duplicate  accounts,  and  the  ap- 
pro v  1  of  the  same  by  the  Governor,  the  Comptroller  shall  issue 
his  warrant  for  the  amount  and  the  Treasurer  shall  pay  the  same. 

Passed  the  Senate  November  30.  1803.     Passed  the  House  of  Representatives 
December  1, 1863.     Approved  by  the  Governor  December  3,  1863. 


Chapter  1,413— [No.  30.] 

AN  ACT  relative  to  claims  placed  in  the  hands  of  District   Solicitors  in  this 

State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  A  ssembly  ■nnvc»ed, 
That  from  and  after  the  passage  of  this  act,  it  shall  be  the  duty  of 
the  Comptroller  of  this  State  to  charge  the  several  District  Solic-     Comptroller  to 
iters  of  this  State  with  all  claims  whatever  winch  he  may  place   charge    Soiici- 
in  their  hands  for  collection  of  money  for  and   on   behalf  of  the  tors  Wlth claim8 
State,  or  which  he  may  otherwise  require  them  to  collect. 

Sec.  2.    Be  it  further  enacted.  That  said  charges  shall   be  evi-      charges  to  be 
dence'of  indebtedness  on  the  part  of  any  Solicitor  against  whom  ggXes?  iD~ 


32 


LAWS  OF  FLORIDA. 


1863. 


Report  of  So- 
licitors. 


Comptroller 
may  retain  sala- 
ry of  Solicitor. 


Charges  for  col- 
lections, &c. 


Statement  of 
cases.  Solicitors 
going  out  of  of- 
fice. 


any  charge  is  made  for  the  full  amount  of  such  claim  to  the  State, 
until  the  same  shall  be  collected  and  paid  into  the  Treasury,  or 
sued  to  insolvency  ;  which  fact  of  insolvency  shall  be  certified  by 
the  Circuit  Judge  of  his  Circuit,  or  unless  said  Solicitor  shall 
make  it  fully  appear  to  the  Comptroller  that  the  failure  to  collect 
the  same  did  not  originate  from  any  neglect  of  his. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
said  Solicitors  to  make  a  report  to  the  Comptroller,  on  the  first 
Monday  in  January  and  July  in  each  and  every  year,  of  the  con- 
dition of  all  claims  placed  in  his  hands,  or  which  he  may  have 
been  required  to  prosecute  and  collect,  whether  the  same  is  in  suit 
or  in  judgment,  or  collected,  and  the  probable  solvency  or  insol- 
vency of  claims  not  collected,  and  shall  at  the  same  time  pay 
over  all  monies  which  he  may  have  collected  belonging  to  the 
State ;  and  the  Comptroller  shall  not  audit  or  allow  any  claim 
which  any  Solicitor  may  have  against  the  State  for  service  who 
shall  fail  to  make  the  report  herein  required  until  the  same  shall 
be  made  as  above  required. 

Sec.  4.  Be  it  further  enacted,  That  in  addition  to  the  salaries 
now  allowed  by  law  to  Solicitors,  they  shall  be  entitled  to  charge 
and  receive  ten  per  cent,  upon  all  monies  actually  collected  and 
paid  into  the  Treasury  of  this  State :  Provided,  That  the  said  So- 
licitors shall  not  be  authorized  to  charge,  upon  claims  accruing" 
and  placed  in  his  hands  from  and  after  the  passage  of  this  act, 
more  than  five  per  cent,  upon  all  monies  actually  collected  and 
paid  into  the  Treasury  of  the  State  :  And,  provided  further,  That 
nothing  in  this  act  shall  be  so  construed  as  to  authorize  the  Comp- 
troller to  refuse  to  audit  and  aliow  the  claims  of  Solicitors  against 
this  State  for  services  in  consequence  of  making  the  charges 
against  him  as  provided  in  the  second  section  of  this  act,  unless 
he  shall  fail  to  account  for  and  pay  over  the  same,  as  provided 
for  the  third  section  of  this  act :  And,  provided  further,  That, 
upon  the  election  and  qualification  of  the  successor  of  any  Solic- 
itor in  this  State,  the  Solicitor  going  out  of  office  shall  deliver  to 
the  Solicitor  elect  a  statement  of  all  cases  for  the  collection  of 
money  in  favor  of  the  State  under  his  control,  and  the  papers 
connected  with  the  same,  and  take  hs  receipt  for  the  same,  which 
receipt,  when  filed  with  the  Comptroller,  shall  release  such  So- 
licitor from  any  further  liability  to  the  State  upon  the  claims  re- 
ceipted for ;  and  the  Solicitor  receiving  the  claims  shall  be  liable 
in  all  respects  for  the  same,  as  provided  against  Solicitors  in  the 
second  and  third  sections  of  this  act. 

Passed  the  Senate  November  25, 1863.    Passed  the  House  of  Representatives 
December  2,  1863.    Approved  by  the  Govemer  December  3,  1863. 


LAWS  OF  FLORIDA. 


33 


Chapter  1,414— [Xo.  31.] 


1863. 


AN  ACT  to  assist  the  faithful  and  necessary  enforcement  of  the  Impressment 
Act  of  Congress,  and  to  protect  and  defend  the  citizens  of  this  State  from 
oppression  and  unlawful  acts  of  persons  violating  the  said  net  or  claiming  to 
act  under  the  authority  of  the  Confederate  Government. 


Whereas,  The  manner  in  which  Impressments  are  being  made 
hy  persons  claiming  to  act  under  the  authority  of  the  impress- 
ment act  of  the  Confederate  States  lias  become  a  serious  evil, 
unauthorized  by  the  law,  or  by  the  Confederate  authority,  op- 
pressive in  its  results,  and  destructive  of  the  rights  of  the  citi- 
zen and  the  Governments,  State  and  Confederate;  and  where 
as,  it  is  right  and  proper  that  the  wants  of  the  army  should  be 
fully  supplied,  but  lawfully  done  and  not  in  a  manner  subver- 
sive of  the  rights  of  the  citizens  of  this  State,  and  that  the  mode 
of  making-  impressments  should  be  clearly  defined  and  the 
rights  both  of  the  officer  making  the  impressment  and  of  the 
citizen  whose  property  should  or  shall  be  impressed  should  be 
plainly  made  known — Therefore, 

Section  1.  2?<  it  enacted  by  the  Sen  at  t  and  House  of  Repre- 
st  ntatives  of  th\  SfaU  of  Florida  i?i  6?<  m  ral  -  isst  mbly  convi  m 
That,  any  person  or  persons  who  shall  in  this  State  unlawfully 
impress  or  seize,  under  color  of  military  authority,  any  goods, 
provisions,  or  other  productions,  or  any  property  whatever,  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
imprisoned  for  a  period  of  not  less  than  one  year,  nor  more  than 
five  years,  at  the  discretion  of  the   Court. 

^y.r.  2.  Re  it  further  enacted,  That  any  person  or  persons  who 
shall  be  aggrieved  by  any  impressing  officer  in  this  State,  or  any 
agent  of  said  officer,  or  any  person  claiming  to  have  authority  to 
act  as  such,  by  any  unlawful  impressment,  shall  have  a  remedy 
against  such  person  or  persons  by  petition, filed  by  himself  or  his 
agent  or  attorney  de  facto  before  any  Circuit  Court  Judge,  at 
Chambers  or  in  open  Court,  and,  immediately  upon  the  filing  of 
said  petition  with  the  Judge,  he  shall  issue  an  order  directing 
tho  defendant  to  appear  before  said  Judge,  at  such  time  and  pla- 
ces he  may  designate  therein,  and  then  and  there  to  defend  said 
suit,  or  judgment  will  be  entered  and  rendered  against  him  on 
default  thereof,  and  said  order  shall  be  returnable  instanter;  and 
upon  the  appearance  of  the  defendant,  as  in  said  order  directed, 
or  upon  default  thereof  if  the  order  is  returned,  the  Judge  shall 
proceed  to  try  said  cause,  and  shall  cause  the  Sheriff  to  summon 
a  jury  of  twelve  citizens  of  the  county  to  try  said  cause,  and  the 
Judge  shall  proceed  with  this  cause  and  try  the  same  forthwith 
and  render  such  judgment  as  the  law  and  facts  demand  and  the 
jury  find,  and  cause  execution  to  issue  instanter  against  the 


Preamble. 


Unlawful  im- 
pressment. 


Penalty. 


Penalty  of  pri- 
sons aggrieved 
by  unlawful  im- 
pressment. 


34 


LAWS  OF  FLORIDA. 


1863. 


List  of  officers 
authorized  to 
impress. 


Proclamation 
bv  Governor. 


Persons  author- 
ized to  impress. 


O  fii  c  c  r  s  at- 
tempting to  im- 
press unlawful- 


Provisions on 
way  to  market. 


lands  and  tenements,  goods  and  chattels  and  slaves  of  the  de- 
fendant ;  and  said  execution  shall  be  levied  and  collected  by  the 
Sheriff,  and  said  Sheriff  shall  levy  on  and  sell  the  property  of  the 
defendant  as  in  other  cases  of  Sheriff's  sale :  Provided,  however, 
That  notice  of  said  sal*  shall  be  given  by  posting  in  three  public 
places  for  ten  days,  and  no  stay  law  or  other  law  shall  prevent 
the  sale  from  being  made  in  ten  days,  nor  shall  any  replevin  or 
forthcoming  bond  be  allowed;  and  the  Sheriff  and  Clerk  of  the 
Circuit  Courts  shall  execute  all  orders  of  the  Judge  under  this 
act :  Provided,  however,  That  the  same  proceedings  may  be  had 
before  any  two  Justices;  of  the  Peace  in  this  State,  and  they  shall 
have  the  same  civil  power  and  jurisdiction  as  the  Judges  of  the 
Circuit  Court  under  this  act;  and  whenever  any  petition  as  afore- 
said is  brought  before  any  two  Justices  of  Peace,  the  Sheriff  and 
Clerk  of  the  Circuit  Court  of  the  county  where  the  petition  is 
brought  shall  attend  upon  said  special  Justices'  Court,  and  shall 
obey  all  orders  of  the  said  Justices  of  the  Peace  under  this  act; 
and  no  form  of  written  pleadings  shall  be  required  under  this  act. 

Sec.  3.  Be  it  further  enacted,  That  the  Governor  shall  cause  a 
list  to  be  made  of  all  persons  or  officers  who  are  authorized  to 
make  impressments  in  this  State  for  the  use  of  the  Confederate 
Government,  which  list  he  shall  cause  to  be  published  in  some 
newspaper  in  this  State  and  in  three  public  places  in  each  county. 

Sec.  4.  Be  it  farther  enacted,  That  the  Governor  shall  issue  a 
proclamation,  calling  upon  all  citizens  to  furnish  all  their  surplus 
provisions  for  the  use  of  the  army  of  the  Confederate  States,  in 
order  that  all  necessity  for  impressment  may  cease  and  the  coun- 
try preserved  from  the  inconvenience  and  injury  of  the  State  and 
its  citizens;  and  in  said  proclamation  inform  the  public  who  are 
authorized  to  impress,  and  no  others  shall  be  authorized  to  im- 
press in  this  State  than  those  persons  whose  names  are  reported 
to  the  Governor  and  published  by  him  in  proclamation. 

Sec.  5.  Be  it  further  enacted,  That  each  and  every  person 
authorized  by  Confederate  authority  or  law  of  the  Confederate 
States  to  make  impressments  in  this  State,  shall  notify  the  Gov- 
ernor thereof,  so  that  the  citizens  of  this  State  may  be  notified 
thereof  by  proclamation  of  the  Governor  as  aforesaid. 

Sec.  6.  Be  it  further  enacted,  That  if  any  Confederate  officer 
shall  impress,  or  attempt  to  impress,  or  order  impressed,  any  pro- 
visions in  this  State  by  force,  contrary  to  the  provisions  of  this 
act  or  the  impressment  act  of  Congress,  it  shall  be  the  duty  of 
the  Governor  of  this  State  to  demand  of  the  President  of  the 
Confederate  States  the  immediate  removal  from  this  State  of 
such  officer  or  officers. 

Sec.  7.  Be  it  further  enacted,  That  no  provisions  shall  be  im- 
pressed in  this  State  while  in  market,  or  on  the  way  to  the  same, 
for  the  purpose  of  sale  in  such  market :  Provided,  however  r  That 
the  owner  of  such  property  shall  be  allowed  five  days  to  expose 


LAWS  OF  FLORIDA.  35 

said  goods  or  property  in  market,  and  that  the  words  "on  the         1SG3. 
way  to  the  same"  shall  be  construed  to   mean  such  reasonable 
time  as  may  be  necessary  to  reach   said   market,  or  the  place 
where  he  proposes  to  sell  them,  to  supply  the  inhabitants  of  this 
State. 

Passed  the  Senate  November  23, 18G3.    Passed  the  House  of  Representatives 
December  1, 18B3.     Approved  by  the  Governor  December  3,  1863. 


Chapter  1,415— [No.  32.] 

AN  ACT  to  aid  the  Confederate  Government  in  the  detection  of  Frauds. 

Whereas,  It  is  the  duty  of  the  citizens  and  authorities  of  each 
Slate  to  guard  and  protect  the  character  and  welfare  of  the 
Confederate  States  of  America ;  and,  whereas,  the  Congress 
of  the  Confederate  States  of  America,  by  an  act  approved 
May  1st,  1863,  passed  an  act  entitled  "  an  act  to  prevent  fraud 
hi  the  Quarter-Master's  and  Commissary's  Departments,  and 
the  obtaining  under  false  pretence  transportation  for  private 
property,"  among  the  provisions  of  which  appear  the  following, 
to-wit: 

Sec.  2.  That  no  officer  charged  with  the  safe  keeping,  transfer 
or  disbursement  of  public  moneys,  or  charged  with  or  assigned 
to  the  duty  of  purchasing  for  the  government,  or  any  department 
thereof,  shall  buy,  trade,  traffic  or  speculate  in  either,  directly 
or  indirectly,  for  the  purpose  of  gain  to  himself  or  other,  by  re- 
sale or  otherwise,  any  article  of  food,  or  clothing,  or  material  of 
which  the  same  is  made,  or  which,  enter  into  or  constitutes  a  part 
ot  the  same,  or  any  material  of  war  or  article  whatsoever  which 
is  or  may  be  required  to  be  purchased  for  the  use  of  the  army  or 
the  prosecution  of  the  war. 

Sec.  3.  No  officer  shall  take  a  receipt  in  blank  for  any  article 
or  articles  purchased  by  him  for  the  government  or  any  depart- 
ment thereof ;  and  every  receipt  shall  set  forth  the  true  amount 
paid,  and  on  what  account ;  and  when  payment  is  made  on  account 
of  property  purchased,  the  receipt  shall  set  forth  the  name  of  the 
person  from  whom  such  property  was  purchased  and  the  place  of 
his  residence,  the  thing  or  things  purchased  by  items,  numbers, 
weight  or  measurement,  as  may  be  customary  in  the  particular 
case,  the  price  thereof  and  the  date  of  payment. 

Sec.  4.  No  officer  who  is  in  charge  of  transportation,  or  who 
is  empowered  to  grant  the  same,  shall  forward  by  government 
conveyance,  or  at  the  expense  of  government,  or  to  the  exclusion 
<»r  delay  of  government  freight,  any  commodity  or  property  of  any 


Preamble. 


36  LAWS  OF  FLORIDA. 

1863.  .  kind,  unless  the  same  belongs  to  the  government  or  some  depart- 
ment thereof,  except  as  authorized  by  law.  Therefore,  in  order 
to  aid  the  Confederate  Government  in  the  discovery  of  violations 
of  the  act  herein  recited,  and  in  punishing  the  offenders, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened? 
Judges  of  Pro-  That  it  shall  be  the  duty  of  the  Judge  of  Probate  in  each  county 
tie?  fb?  in  for"-   of  the  State  to   advertise  from  time  to  time  for  information,  and 
mation.  i0  take  the  testimony  in  writing,  under  oaths,  of  any  respectable 

white  person  or  persons  of  any  transaction  of  fraudulent  charac- 
ter which  has  heretofore  been  practiced  or  attempted  to  be  prac- 
ticed, or  shall  hereafter  be  practiced  or  attempted  to  be  prac- 
ticed, by  any  officer  or  agent  of  the  Confederate  Government,  and 
for  this  purpose  he  is  hereby  authorized  to  have  summoned  and 
compel  the  attendance  of  any  witness  or  witnesses,  and  the  evi- 
dence so  taken  by  him  he  shall  certify  under  the  seal  of  the  Court, 
specifying  the  name  of  the  officer  or  agent  and  all  others  con- 
cerned with  him,  and  forward  the  same  to  the  Governor  of  the 
State. 

Sec.  2.  Be  it  further  enacted.,  That  it  shall  be  the  duty  of  the 
Governor  and  he  is  hereby  required  to  record,  or  have  recorded,, 
recorded.  in  a  book  to  be  provided  for  that  purpose,  and  to  be  kept  in  the 

Executive  Department,  the  evidence  or  statements  he  may  re- 
ceive and  to  forward  the  said  evidence  or  statements  to  the  proper 
department  of  the  Confederate  Government. 

Passed  the  Senate  November  26,  1863.     Passed  the  House  of  Represeutatives 
December  1,  I860.    Approved  by  tbe  Governor  December  3,  1863. 


Governor   to 
have  evidence 


Chapter  1,416— [No.  33.] 

AN  ACT  to  be  entitled  an  act  to  amend  the  election  laws  of  this  State  relative 
to  soldiers  voting-. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  in  all  elections  for  members  of  Congrees  from  this  State,  or 
any  member  of  the  Senate  or  House  of  Representatives  of  this 
State,  if  the  officer  highest  in  command  of  any  troops  from  this 
State,  whether  the  same  be  in  this  State  or  not,  does  not  order 
maud  failing  to  an  election  in  the  camp  or  post  under  his  command,  on  the  dav 

order  election.       ^  ^^^  fixed  by  1&w?  then  [t  ghaU  and  may  be    kwfal    fQy    a}} 

qualified  voters  from  this  State  ur»der  command  of  such  officer  so 
neglecting  to  order  an  election,  to  assemble  themselves  and 
their  votes  under  the  superintendence  of  any  three  qualified   vo- 
ters of  their  command,  who  are  hereby  authorized  to  swear  each 
other  in  as  managers  of  such  election. 


Officer  in  com 


LAWS  OF  FLORIDA. 


37 


Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
said  managers  to  forward  by  mail  or  otherwise  such  election  re- 
turns to  the  Judge  of  Probate  of  the  County  of  the  person  or 
persons  voted  for  as  a  member  or  members  to  the  House  of  Rep- 
resentatives of  this  State,  and  to  the  Secretary  of  State  of  this 
State  for  all  persons  voted  for  asSenatoror  member  to  Congress. 

Sec.  3.  Be  it  further  'enacted,  Thai  in  all  cases  where  such 
soldiers  are  on  detail  or  other  sen  ice  out  of  the  camp  or  post  to 
which  they  belong,  in  numbers  of  three  or  more  persons  togeth-. 
er,  that  it  shall  and  may  be  lawful  for  them  to  cast  their  vote  un- 
der the  superintendence  of  any  three  of  their  number,  as  provi- 
ded in  the  first  section  of  this  act,  who  shall  make  return  of  the 
same  as  provided  for  in  the  second  section  of  this  act  ;  and  in  no 
case  shall  said  returns  be  rejected  for  want  of  form. 

Sec.  4.  Be  it  further  enacted,  That  said  votes  shall  be  can- 
vassed by  the  Board  of  County  Canvassers  on  the  twentieth 
day  after  any  such  election,  and  certified  by  them  in  the  same 
manner  as  now  provided  by  law  in  the  canvass  of  other  election 
returns  in  military  camps. 

Passed  the  Senate  November  '27.  186&    Passed  the  House  of  Representatives 

December  2,  1863.     Approved  by  the  Governor  December  3,  1863. 


1863. 


Electi'n  returns 


Soldiers  on  de- 
tail. 


Canvass  of vote 


Chapter  1,417— [No.  34.] 


AN  ACT  in  relation  to  forfeited  honds  of  criminals. 


Section  1.   Be  if  enacted  by  tfu  SmaU  and  Home  of  R 
■  nfthe  State  of  Florida  in  General  Assembly 

That  whenever  any  bond  or  recognizance  has  been  taken  for  the 
appearance  of  any  person  before  any  Court  in  this  State  charged 
with  a  criminal  offence,  and  lie  fails  to  appear  or  give  his  atten- 
dance in  conformity  with  said  bond  or  recognizance,  the  Clerk 
of  the  Circuit  Court  shall  issue  a  scire  facias  against  the  princi- 
pal and  sureties,  to  show  cause  at  the  next  term  of  the  Circuit 
Court  why  judgment  should  not  be  entered  up  and  execut: 
sue  for  the  penalty  thereof. 

Sec.  2.  Be  it  further  enacted,  That  the  matter  shall  then  be 
submitted  to  the  Court  and  jury  for  their  adjudication  without 
further  pleadings. 

Sec.  3.  Be  it  further  enacted,  That  in   case  any  of  the  signers 
to  the  bond  or  recognizance  should  be  beyond  the  jurisdiction  of 
the  Court  for  service,  then  lie  or  they  shall  be  made   parti 
publication  in  some  newspaper  published   within   the   State  for 
three  months. 

Passed  the  Senate  November  21, 1863.    Passed  the  House  of  Representatives 

December  2,  ISO"..     Approved  by  the  Governor  December  3,  1863. 


facku. 


Proceeding 


38  LAWS  OF  FLORIDA. 

1863. 

Chapter  1,418— [No.  35.] 

AN  ACT  to  be  entitled  an  act  to  legalize  the  acts  of  Samuel  Lowe,  acting  Clerk 
of  the  Circuit  Court. 

Section  1.  Be  it  enacted  by  the  Senate  and  Hovse  of  Repre 
sentatlves  of  the  State  of  Florida  in  General  Assembly  convened," 
That  the  acts  of  Samuel  Lowe,  while  performing  the  duties  of 
Deputy  Clerk  in  and  for  the  County  of  Duval,  be  and  are  hereby 
declared  valid  to  all  intent  and  purposes  though  said  Lowe  had 
been  actually  Clerk  of  the  Circuit  Court  for  said  county. 

Passed  the  Senate  November  30,  I860. .  Passed  the  House  of  Representatives 
December  1,  1803.    Approved  by  the  Governor  December  3,  1803. 


Register  to  be 


Chaprer  1,419 — [No.  36.] 

AN  ACT  to  provide  for  the  payment  for  Plats  furnished  the  counties  of  Clay, 
Jackson  and  Calhoun. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  tlu  State  of  Florida  in  General  Assembly  co?wened} 
That  the  Register  of  Public  Lands  shall  receive  for  preparing,  or 
patd?orpiats.uu  causing  to  be  prepared,  for  the  counties  of  Clay,  Jackson  and 
Calhoun,  township  plats  of  the  lands  embraced  therein  and  lists 
showing  the  dates  of  entries  and  names  of  purchasers,  as  required 
by  resolution  requiring  plats  of:  the  Public  Lands  to  be  furnished 
the  various  counties,  approved  December  15,  1862,  five  dollars 
for  each  township  embraced  in  said  counties,  to  be  paid  by  the 
Treasurer  upon  the  warrant  of  the  Comptroller. 

Sec.  2.  Be  it  farther  enacted,  That  the  resolution  requiring 
Repeal.  plats  of  the  public  lands  to  be  furnished  the  various  counties,  ap- 

proved December  15,  1862,  be  and  the  same  is  hereby  repealed. 

Passed  the  Senate  November  20,  1803.     Passed  the  House  of  Representatives 
December  3,  1803.     Approved  by  the  Governor  December  :;,  1803. 


Chapter  1,420— [ISIo.  37.] 

AN  ACT  to  provide  for  the  relief  of  Soldiers'  Families  and  others  that  require 

assistance. 

Section  1.   Be  it  enacted  by  the  Senate  and  House  of  Repre- 
oftke  State  of  Florida  in  General  Assembly  convened, 


LAWS  OF  FLORIDA. 

That  the  sum  of  live  hundred  thousand  dollars  be  and  the  same 
is  hereby  appropriated,  out  of  any  moneys  in  the  Treasury  not 
otherwise  appropriated,  to  be  applied  to  the  relief  of  the  families 
of  such  soldiers  as  are  now  in  the  military  service  of  this  State 
or  of  the  Confederate  States,  or  who  may  hereafter  be  in  the 
service  of  this  State  or  of  the  Confederate  States,  or  who  have 
died,  were  wounded,  or  became  disabled  by  sickness  or  wounds 
while  in  said  service,  and  of  all  soldiers  who  were  wounded  or 
disabled  by  sickness  while  in  either  of  said  service,  arid  all  moth- 
ers, fathers,  sisters  and  brothers  who  have  sons  or  brothers  in 
either  of  said  service,  or  who  were  wonnded  or  otherwise  disa- 
bled by  either  of  said  service,  or  who  have  died  while  in  either 
of  said*  service,  and  who  require  assistance  in  this  State:  Provi- 
ded, however,  The  family  of  no  soldier  who  is  a  deserter  from 
his  command  shall  be  entitled  to  assistance  under  this  act. 

Sec.  2.  Be  it  farther  enacted,  That  to  assist  in  carrying  out 
the  purposes  of  this  act,  the  Governor  is  hereby  authorized  to 
issue  Treasury  Notes  to  the  amount  of  three  hundred  thousand 
dollars,  to  be  issued  in  the  same  manner  as  is  now  provided  by 
law  for  the  issue  of  Treasury  Notes,  or  so  much  thereof  as  he 
may  deem  necessary. 

Sec.  3.  lie  it  further  enacted,  That  it  shall  be  the  duty  of  the 
County  Commissioners,  assisted  by  the  Justices  of  the  Peace  in 
the  several  counties  in  this  State,  to  prepare  a  list  of  the  families 
in  the  first  section  of  this  act  who  actually  require  assistance, 
stating  those  that  are  needy  and  those  that  are  most  need- 
ing forth  in  said  list  the  name  of  the  soldier  and  the  name  of  each 
member  of  his  family  to  whom  said  aid  is  to  be  given,  and  their 
respective  ages;  and  County  Commissioners  and  Judges  of  Pro- 
bate shall  consolidate  and  prepare  a  list,  to  be  kept  in  the  Judge 
of  Probate's  office,  and  forward  a  certified  copy  thereof  to  the 
Comptroller  of  this  State  as  soon  as  said  list  can  possibly  be  pre- 
pared, after  the  approval  of  this  act;  and  a  corrected  list  of  the 
same  shall  be  forwarded  by  the  first  day  of  June  next  thereafter. 

Sec.  4.  Be  it  further  enacted,  That  the  Governor  cause  the 
distribution  of  the  monies  herein  appropriated  to  be  made  semi- 
annually, first,  as  soon  after  the  approval  of  this  act  as  practicable; 
and  second,  by  the  first  day  of  August  next  thereafter,  or  as  near 
that  time  as  conveniently  may  be  for  the  use  of  the  soldiers  and 
families  herein  provided  for,  according  to  the  necessities  of  the 
several  counties  in  this  State,  being  governed  by  the  list  on  file 
in  the  Comptroller's  office,  and  by  his  knowledge  of  their  several 
necessities,  the  prices  of  provisions,  clothing  and  supplies ;  and 
the  Governor  shall  draw  his  order  upon  the  Comptroller  for  said 
amounts,  and  said  Comptroller  shall  issue  his  warrant  for  the 
same  in  favor  of  the  County  Commissioners  of  the  several  coun- 
ties, for  the  support  of  soldiers  or  soldiers'  families,  as  provided 
for  in  this  act ;  and  the  Treasurer  shall  pay  the  same  to  the  Judge 


Persons  ?<>  be 

relieved. 


Proviso.' 


Issue  of  Treasn 
ry  Notes. 


List  of  fami 


Distribution  of 
monies  to  be 
marie  by  Gov'r. 


40 


LAWS  OF  FLORIDA. 


1863, 


U<  v'r  may  ap- 
point agents. 


Money  how  to 
"be  expended. 


Manner  of  pre- 
paring lists. 


Governor  to  ad- 
vance funds. 


Manner  of  die 
tribution. 


of  Probate  or  his  order,  or  the  Trustees  hereinafter  provided  for 
or  their  order. 

Sec.  5.  Be  it  further  enacted,  That  whenever  there  is  no  Board 
of  County  Commissioners  in  any  county,  or  where  such  Board 
fail  or  refuse  to  perform  the  duties  by  this  act  enjoined,  the  Gov- 
ernor shall  appoint  suitable  persons  to  perform  the  duties  herein 
required  of  the  County  Commissioners  and  Judge  of  Probate ; 
and  the  Comptroller  shall  issue  his  warrant,  inserting  their  names 
as  Trustees  of  the  county  for  the  purposes  aforesaid. 

Sec.  6.  Be  it  further  enacted,  That  the  money  so  paid  out  of 
the  Treasury  shall  be  expended  by  the  Board  of  County  Com- 
missioners or  by  the  Board  of  Trustees  of  the  county,  appointed 
as  aforesaid,  in  clothing,  provisions;,  cards,  spinning  wheels  and 
necessary  family  supplies  for  such  persons  as  hereinbefore  men- 
tioned, and  shall  cause  the  same  to  be  faithfully,  justly  and  equi- 
tably distributed,  or  shall  pay  said  soldier  or  soldiers'  family,  or 
other  persons,  as  heretofore  provided  for,  his,  her  or  their  pro 
rata  share  of  said  money,  at  the  discretion  of  the  Judge  of  Pro- 
bate or  Trustees. 

Sec.  7.  Be  it  further  enacted,  That  in  making  out  the  list  of 
the  different  families,  the  County  Commissioners  or  Trustees,  as 
aforesaid  appointed,  shall  enumerate  with  those  who  are  to  re- 
ceive aid  those  who  have  left  the  county  on  account  of  invasion 
by  the  enemy,  but  who  intend  returning  as  soon  as  the  said  inva- 
sion shall  cease;  they  shall  be  also  authorized  and  empowered  to 
add  to  the  list  such  person  or  persons  as  are  provided  for  in  this 
act ;  also  to  erase  the  names  of  such  person  or  persons  who  are, 
in  their  judgment,  not  entitled  to  the  provisions  of  this  act,  and 
to  send  such  amended  list  to  the  Comptroller  of  this  State  as  soon 
as  is  practicable,  after  the  approval  of  this  act,  and  by  the  first 
day  of  June  next  thereafter,  for  the  purpose  of  their  receiving 
the  said  aid  as  is  intended  by  the  provisions  of  this  net. 

Sec.  8.  Be  it  further  enacted,  That  the  Governor  be  ami  he  is 
hereby  authorized  to  cause  to  be  drawn  from  the  Treasury,  by 
warrant  of  the  Comptroller,  in  favor  of  the  several  Judges  of 
Probate  or  Trustees  appointed  as  aforesaid,  or  their  respective 
orders,  such  portion  of  the  money  herein  appropriated  as  may, 
in  his  judgment,  be  adequate  and  necessary  to  supply  and  meet 
the  immediate  wants  of  the  soldiers  and  families  provided  for  in 
this  act,  being  governed  in  making  such  advance  by  the  respective 
lists  as  have  heretofore  been  forwarded  to  the  Comptroller  by 
the  several  Judges  of  Probate  of  this  State,  and  the  inability  to 
provide  for  their  support  and  the  prices  of  provisions,  clothing, 
and  other  articles  necessary  to  the  support  of  said  families  in 
such  county. 

Sec.  9.  Be  it  further  enacted,  That  the  Judges  of  Probate  and 
County  Commissioners  of  the  several  counties,  in  the  distribu- 
tion of  the  monies  received  under  the  provisions  of  this  act,  are 


LAWS  OF  FLORIDA. 


41 


hereby  required  to  distribute  the  same  to  soldiers,  soldiers'  fami- 
lies and  others  hereinbefore  specified,  according  to  his,  her  or 
their  actual  situation,  means  of  support  and  ability  of  supporting 
themselves,  discriminating  between  the  needy  and  the  most 
needy. 

Sec.  10.  Be  it  further  enacted,  That  the  Governor  shall  cause 
five  hundred  copies  of  this  act  to  be  printed  immediately  after 
his  approval  of  the  same,  and  said  copies  shall  be  distributed 
amongst  the  members  of  the  General  Assembly  for  the  purpose 
of  distribution  in  the  several  counties. 

Sec.  11.  Tie  it  further  enacted,  That  the  Governor  be  and  he 
is  hereby  authorized  and  requested  to  contract  for  and  purchase 
three  thousand  pairs  of  cotton  cards  and  five  hundred  pairs  of 
wool  cards  for  the  aid  of  persons  who  are  provided  for  in  this 
act,  and  to  cause  the  same  to  be  distributed  among  the  several 
counties  for  distribution  to  the  poor ;  and  the  Governor  shall 
issue  his  order  on  the  Treasurer  for  the  money  necessary  to  pur- 
chase said  cards,  and  the  Comptroller  shall  issue  his  warrant  for 
the  same,  and  the  Treasurer  shall  pay  the  same;  and  there  is 
hereby  appropriated  a  sufficient  sum,  in  addition  to  the  appropria- 
tion hereinbefore  made,  to  pay  for  the  same  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated. 

Sec.  12.  Be  it  further  enacted,  That  the  County  Commission- 
ers of  the  several  counties  in  this  State  be,  and  they  are  hereby 
authorized  to  levy,  assess  and  collect  a  tax  sufficient  to  meet  the 
necessities  of  the  persons  provided  for  in  this  act  in  their  respec- 
tive counties. 

Sec.  13.  Be  it  further  \  That  the  Governor  be  and  lie 

is  hereby  authorized  to  send  to  the  several  Judges  of  Probate,  or 
Trustees  of  the  counties,  the  amount  to  which  they  may  be  en 
by  any  person  whom  he  may  consider  trustworthy. 

Passed  the  Senate  November  39,  1863.    Passed  the  House  of  Representatives 
December  2,  1863.     Approved  by  the  Governor  December  3, 18G3. 


1863. 


Copies  of  acts 
to  he  printed. 


Cotton  cards. 


County  tax. 


Chapter  1,421— [Xo.  38.] 


AN  ACT  to  appropriate  ten  thousand  dollars  for  the  Wayside  Homes  or  Hospit- 
als in  this  State. 


Section  1.  Be  it  enactedby  the  Senate  and  House  of  Rcpresen- 
tatives  of  the  State  of  Florida  in   General  Assembly  convened, 
That  the  sum  of  ten  thousand  dollars,  or  so  much  of  the  same  as   Appropriation. 
the  Governor  may  deem  necessary,  be  and  it  is  hereby  placed  at 
6 


LAWS  OF  FLORIDA. 

the  disposal  of  the  Governor,  to  afford  aid  and  assistance  to  the 
Wayside  Homes  or  Hospitals  in  this  State,  established  to  aid  and 
assist  the  soldiers  of  the  Confederate  States,  and  that  the  Comp- 
troller issue  his  warrant  on  the  order  of  the  Governor  to  the 
Treasurer,  and  the  Treasurer  shall  pay  the  same. 

Passed  the  Senate  December  3, 1863.    Passed  the  House  of  Representatives 
December  3, 1863.    Approved  by  the  Governor  December  3, 1863. 


Chapter  1,422 — [No.  39.] 

AN  ACT  to  prevent  and  punish  all  persons  Planting  and  Cultivating,  in  the 
State  of  Florida,  over  a  certain  quantity  of  land  in  Cotton  and  Tobacco  during 
the  continuance  of  the  present  war. 


Prohibiting  cot- 
ton. 


Hands. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rejire- 
sentatives  of  the  State  of  Florida  in  General  Assembly  convened, 
That  from  and  after  the  passage  of  this  act,  it  shall  not  be  law- 
ful for  any  person  or  persons,  whether  residing  in  this  State  or 
not,  to  plant  and  cultivate,  in  any  county  in  this  State,  by  them- 
selves, agents  or  employees,  or  allow  the  same  to  be  done,  a  great- 
er number  of  acres  of  land  in  cotton  than  one  acre  for  each  hand 
owned  or  employed  by  them  between  the  ages  of  fifteen  and 
sixty,  and  when  said  persons  may  own  or  employ  hands  over  sixty 
years  of  age  and  under  seventy,  and  over  nine  and  under  fifteen, 
two  of  said  hands  shall  be  counted  as  one  hand ;  therefore  said 
person  or  persons  may  plant  and  cultivate  one  acre  of  land  in 
cotton,  and  no  more,  for  every  two  of  said  hands  so  owned  and 
employed  by  them. 

Sec.  2.  Be  it  further  enacted,  That  any  person  or  persons 
whatever  violating  the  provisions  of  this  act,  shall  be  guilty  oi  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  for  ev- 
ery acre  so  planted,  more  than  one  acre  to  the  hand,  and  so  on 
in  proportion  to  the  number  of  hands  employed,  the  sum  of  one 
thousand  dollars  for  each  and  every  acre  so  planted  above  the 
number  specified,  one-half  of  which  sum  shall  be,  in  case  where 
there  is  a  prosecutor  or  informer,  paid  to  said  prosecutor  and 
informer,  the  other  half  paid  to  the  County  Commissioners  of 
the  County  where  the  misdemeanor  is  committed,  for  the  benefit 
of  indigent  soldiers'  families  in  said  county. 

Sec  3.  Be  it  further  enacted,  That  any  person  or  persons  who 
may  intend  or  desire  to  prosecute  any  person  or  persons  for  the 
violation  of  this  act,  may,  upon  application  to  any  Justice  of  the 
Peace  of  said  county,  supported  by  affidavit  that  he  has  good 
reasons  to  believe  that  the  provisions  of  this  act  have  been  viola- 
Surveyor.        ted,  obtain  an  order  requiring  the  County  Surveyor,  or  wThere 


Penalty. 


Informer. 


LAWS  OF  FLORIDA.  43 

there  is  no  County  Surveyor,  any  other  competent  Surveyor,  to         1863. 
enter  the  premises  and  make  a  survey  of  all  lands  so  planted  and 
cultivated  in  cotton  ;  and  said  person  shall  pay  said  Surveyor  for 
making  said  survey  his  usual  fees,  which  shall  be  taxed  in  the  bill 
of  costs  on  the  final  adjudication  of  the  same. 

Sec.  4.  Be  it  further  enacted,  That  all  owners  or  employees  of 
slaves  shall  give  in  to  the  Tax  Receiver  the  number  of  hands      No-  of  hands, 
owned  and  employed  by  them  between  the  ages  of  nine  and   fif- 
teen, and  fifteen  and  sixty,  and  sixty  and  seventy,  each  year  du- 
ring the  present  war. 

Sec.  5.  Be  it  further  emu-ted,    That  no  owner,   or  owners,  or 
employers  of  slaves  in  this  State,  shall  plant  more  than  one-quar- 
ter of  an  acre  of  land  in  Tobacco  to  the  hand,  and  any  person  so      Tobacco, 
offending  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
be  subject  to  the  penalties  of  the  foregoing  section  of  this  act. 

Sec.  G.  Be  it  further  enacted,  That  all  persons  who  will  man- 
ufacture, themselves,  all  of  the  cotton  they  may  make,  to  be  sold 
to  the  people  of  this  State,  at  or  below  the  amount  fixed  by  the  of  cotton. 
Commissioners  of  this  State,  under  the  laws  of  the  Confederate 
States,  or  to  be  woven  by  them  and  used  in  clothing  their  fami- 
lies and  negroes,  are  hereby  declared  exempt  from  the  operations 
of  this  law  :  Provided,  That  this  section  shall  be  so  construed  as 
to  mean  that  persons  can  only  cultivate  any  amount  of  cotton  they 
see  lit  for  their  own  manufactories,  or  to  be  woven  and  used  by 
them  as  aforesaid,  and  to  be  sold  to  the  people  of  this  State  at 
the  aforesaid  rates. 

Sec.  7.  Be  it  further  enacted,  That  the  Judges  of  the  Circuit 
Courts  of  this  State  are  hereby  required  to  give  this  law  in  spe-    Uudgeetogive 
cial  charge  to  the  Grand  Juries  at  each  term  of  their  Courts  du-   this  law  in  spe- 
nng  the  existence  of  the  present  war. 

Sec  8.  Be  it  further  enacted,  That  the  Governor  shall  cause 
this  act  to  be  published  in  the  several  papers  of  this  State  imme-      Publication, 
diately  after  his  approval  of  the  same. 

Sec.  9.  Be  it  further  enacted,  That  the  provisions  of  this  act 
shall  be  in  full  force  and  effect  during  the  continuance  of  the  pre-      Limitation, 
sent  war  and  no  longer. 

Sec.   10.  Be  it  further  enacted,  That  all  laws  conflicting  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Passed  the  House  of  Representatives  November  25, 1863.    Passed  the  Senate 
December  1,  1S63.    Approved  by  the  Governor  December  3,  1863. 


44 


LAWS  OF  FLORIDA. 


1863. 


!haptee  1,423 — [No.  40.] 


AN  ACT  to  prevent  the  distilling  of  Spirituous  Liquors  in  this  State. 


Distilling  pro- 
hibited. 


Goy'r  to  abate 
distilleries. 


Licenses  mac 
void. 


Repeal. 


Gov'r  to  issue 
proclamation. 


Sheriff  to  be 
fined  and  im- 
prisoned. 


Contracfor  for 
distillation  of 
Alcohol. 


Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  from  and  after  the  passage  of  this  act,  it  shall  be  unlawful 
for  any  person  or  persons  to  distil  any  spirituous  liquor  from  any 
article  of  grain,  sugar,  molasses  or  syrup  made  from  sugar  cane 
or  Chinese  cane,  potatoes,  or  from  any  other  article  or  articles  of 
subsistence,  except  the  fruits  of  the  country,  or  in  any  way  or 
manner  to  create  spirituous  liquor  from  any  of  said  articles;  and 
on  conviction  therefor,  such  person  or  persons  shall  be  punished 
by  fine  not  less  than  ten  thousand  dollars,  and  imprisoned  for 
not  less  than  one  year  nor  more  than  two  years,  at  the  discretion 
of  the  Court. 

Sec.  2.  Be  it  farther  enacted,  That  it  shall  be  the  duty  of  the 
Governor,  and  he  is  hereby  authorized  and  required  to  proceed 
forthwith,  and  in  the  most  summary  manner,  to  abate  as  a  nuis- 
ance any  distillery  at  work  in  this  State  contrary  to  the  provi- 
sions of  this  act,  and  to  cause  the  arrest  and  examination  of  any 
person  or  persons  distilling  as  aforesaid,  and  to  seize  all  liquor 
distilled  contrary  to  the  provisions  of  this  act,  and  turn  over  the 
same  to  Hospital  uses. 

Sec.  3.  Be  it  farther  enacted,  That  all  licenses  to  distill  spiritu- 
ous liquors  heretofore  granted  to  persons  in  this  State,  by  virtue 
of  an  act  entitled  an  act  to  prevent  the  establishment  of  distille- 
ries and  the  distilling  of  whiskey  or  other  spirituous  liquors,  ap- 
proved December  15th,  1862,  shall  cease,  determine  and  be  void 
from  and  after  the  passage  of  this  act. 

Sec.  4.  Be  it  farther  enacted,  That  the  third  section  of  an  act 
entitled  an  act  to  prevent  the  establishment  of  distilleries  and  the 
distilling  of  whiskey  or  other  spirituous  liquors  be  and  it  is  hereby 
repealed,  said  act  being  approved  December  15th,  1862. 

Sec.  5.  Be  it  further  enacted,  That  the  Governor  shall  issue 
his  proclamation  immediately  after  the  passage  of  this  act,  and 
cause  the  same  to  be  published  in  the  newspapers  of  this  State, 
and  have  copies  thereof  sent  to  the  Sheriff  of  each  county,  notify- 
ing the  public  of  the  passage  of  this  law. 

Sec.  6.  Be  it  further  enacted,  That  if  any  Sheriff  of  this  State 
shall  fail  or  refuse  to  perform  any  duty  required  of  him  by  the 
second  section  of  this  act,  he  shall,  on  conviction  thereof,  be  fined 
and  imprisoned  at  the  discretion  of  the  Court. 

Sec.  7.  Be  it  further  enacted,  That  the  provisions  of  this  act 
shall  not  apply  to  those  who  have  a  contract  with  the  Confeder- 
ate Government  for  the  distilling  of  alcohol  and  are  carrying  out 
their  contract  in  good  faith,  of  which  fact  the  Governor  shall  be 


LAWS  OF  FLORIDA. 


45 


the  judge:  And  provided  further,  That  .all  distillers  of  alcohol  in         1863. 
this  State  shall  make  quarterly  returns  to  his  Excellency  the  Gov- 
ernor, of  the  quantity  distilled,  to  whom  delivered,  and  accompa- 
nied with  the  receipt  of  the  officer  or  officers  in  the  State  or  Con- 
federate States  service. 

Sec.  8.    Be  it  further  enacted,  That  the  Governor  shall  issue  a 
license   to   William  II.   Johnson,  so  that  lie  maybe  enabled  to   License  to  Win. 
execute  and  carry  out  his  contract  with  the  Confederate  States.      '   oinsm 

Passed  the  House  of  Representatives  November  30th,  1S63.    Passed  the  Sen- 
ate December  1st,  1863.     Approved  by  the  Governor  December  4th,  1863. 


Chapter  1,424— [Xo.  41.] 

AN  ACT  for  the  relief  of  Aaron  W.  DaCosta. 


Whereas,  By  the  provisions  of  an  act  of  the  Gen< 

of  Florida,  entitled  an  act  to  amend  the  militia  an  ,  patrol  laws 
of  this  State,  approved  De  22nd,  1859,  it  was  provided 

that  all  penalties  and  fines  imposed  by  law  unde  lollars 

should   be  recovered  by  action  of  debt,  in  the  name  of  the 

te  of  Florida,  before  any  Justice  of  the  Peace    .  ide  it 

the  duty  of  Captains  of  militia  companies  to  institute  suits  in 
said  Justices'  Courts  to  recover  the  same :  and  whereas,  nu- 
merous suits  were  instituted  by  Captains  of  companies  in  the 
Court  of  Aaron  W.  Da<  'osta,  Esquire,  a  Justice  of  the  Peace 
in  and  for  the  county  of  Duval,  in  conformity  to  said  act, 
against  default*  rs  for  the  recovery  of  the  penalties  and  lines 
imposed  by  said  act,  in  a  very  large  number  of  which  tits  the 
defendants  were  found,  upon  trial,  to  be  not  subject  to  mi 
duty,  or  were  found  not  guilty  of  offences  against  the  mi 
laws  of  the  State,  or  had  paid  the  tax  imposed  by  said  act  as 
an  exemption  from  militia  duty:  and  whereas,  the  costs  that 
accrued  and  were  due  to  said  Justice  could  not  be  adjudged 
against  said  defendants,  and  have  never  been  paid  by  the 
State,  but  are  still  due  and  owing. 

Section  1.  Therefore  he  it  enacted  by  the  Senate  and  House 
of  Representatives  q/  the  State  of  Florida  in  General  J 
bly  convened,  That  the  Comptroller  of  Public  Accounts  be  and 
he  is  hereby  authorized  to  audit  and  allow  to  the  said  Aaron  W. 
DaCosta,  Esq.,  the  amount  of  costs  which  shall  be  duly  taxed 
and  certified  by  him  according  to  law,  as  due  in  said  cases,  and 
that  the  same  be  paid  out  of  any  monies  in  the  Treasury  not 
otherwise  appropriated. 

Pnssed  the  Honsc  of  Representatives  November  27, 1SG3.     Pnssecl  the  Senate 
November  30,  1868.     Approved  by  the  Governor  December  3,  1863. 


Preamble. 


Comptroller  to 
allow  costs. 


40  LAWS  OF  FLORIDA. 

1863.  Chapter  1,415— [No.  42.] 

AN  ACT  further  defining  the  duties  of  the  Treasurer  of  the  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
Treasurer  may  That  hereafter  the  Treasurer  of  the  State  shall  not  absent  himself 
state1.6**8  the  from  the  State'  or  be  absent  himself  from  the  Capitol,  or  from 
the  duties  of  his  office,  without  the  consent  of  the  Governor  in 
writing,  and  under  such  limitations  and  restriction's  as  the  Gov- 
ernor may  impose. 

Passed  the  House  of  Representatives  December  3, 1863.    Passed  the  Senate 
December  3,  1863.    Approved  by  the  Governor  December  4, 1863. 


Chapter  1,426— [Mo.  43.] 

AN  ACT  to  provide  for  furnishing  to  each  Regiment  and  Battalion  in  Confeder- 
ate service  from  this  State  a  suitable  Flag  or  Ensign,  also  a  Flag  to  be  used  at 
the  Capitol. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  the  Governor  be  and  lie  is  hereby  authorized  and  requested 
to  furnish  to  each  regiment  and  battalion  from  this  State  in  Con- 
afehTdr '  federate  service  a  suitable  Flag  or  Ensign  in  behalf  of  the  State, 

also  a  Flag  of  the  Confederate  States  for  the  use  of  the  State,  to 
be  used  at  the  Capitol,  on  suitable  occasions,  the  expenses  of  pro- 
curing such  Flags  to  be  paid  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated. 

Passed  the  House  of  Representatives   December  3,  1863.    Passed  the  Senate 
December  3,  1863.    Approved  by  the  Governor  December  4, 1863. 


Flag  to  be  fur- 


Chapter  1,427 — [No.  44.] 

AN  ACT  to  provide  Clothing  for  Troops  from  Florida  in  the  service  of  the  Con 
Federate  States. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  an  act  entitled  an  act  to  authorize  the  Board  of  County 
Commissioners    of  the    several   counties  in    this  State   to  levy   a 


LAWS  OF  FLORIDA. 


47 


specific  tax  for  the  relief  of  the  soldiers  in  the  service  of  the  State, 
or  of  the  Confederate  States,  approved  December  12,  1862,  and 
an  act  entitled  an  act  to  amend  an  act  entitled  an  act  to  author- 
ize the  Board  of  County  Commissioners  of  the  several  counties 
of  this  State  to  levy  a  specific  tax  for  the  relief  of  the  soldiers  in 
the  service  of  the  State,  or  of  the  Confederate  States,  approved 
December  12,  1862,  approved  December  15,  1862,  be  and  the 
same  are  hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  That  the  sum  of  seventy-five 
thousand  dollars  be  and  the  same  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  to  pur- 
chase the  necessary  materials  for  shoes  and  clothing,  and  to  pay 
for  having  the  same  manufactured  or  made  up  into  clothes,  Bocks 
and  shoes  for  the  use  of  soldiers  from  Florida  in  the  service  of 
the  Confederate  States. 

Sec.  3.  Be  it  further  enacted,  That  the  amount  appropriated 
by  the  second  section  of  this  act  shall  be  expended  under  the  di- 
rection of  the  Governor  and  with  the  assistance  of  the  Quarter- 
Master  General  of  the  State. 

Passed  the  House  of  Representatives  November  28,  1SG3.     Pa&sed  the  Senate 
December  3,  1863.     Approved  by  the  Governor  December  4,  1803. 


1863. 


Repeal. 


Appropriation. 


Gov'r  to  make 
expenditure. 


Chapter  1,428 — [No.  45.] 

AN  ACT  making  appropriations  for  the  expenses  of  the  Second  Session  of 
the  Twelfth  General  Assembly,  and  for  other  purposes. 


Section  1.  Be  it  enacted  by  the  Senate  and  Housi  of  Repre- 
sentatives oft!"  S[<<!<  of  Florida  in  (round  Assembly  convened, 
That  the  following  sums  shall  be  paid  out  of  any  monies  in  the 
Treasury,  not  otherwise  appropriated,  to  the  following  persons, 
to-wit :  'To  E.  J.  Vann,  President  of  the  Senate,  &1G3.20  ;  James 
Abercrombie,  197.60;  A.  K.  Allison,  Senator,  19;  J.  M.  Arnow, 
Senator,  137  ;  J.  P.  Carter,  Senator,  98.20  ;  J.  D.  Clary,  Senator, 
135;  J.  C.  Cooper,  Senator,  245;  D.  P.  Hogue,  Senator,  105; 
D.  P.  Holland,  Senator,  135;  Edward  Hopkins,  Senator,  128; 
J.  L.  King,  Senator,  112 ;  Jesse  Norwood,  Senator,  195  ;  TV.  C. 
Roper,  Senator,  155;  J.  S.  Russell,  Senator,  101  ;  T.  T.  Russell, 
Senator,  142.60  ;  John  Scott,  Senator,  130  ;  J.  B.  Smith,  Senator, 

161  ;  J.  M.  Taylor,  Senator,  159;  Jones,  Senator,  119;  E. 

L.  Cater,  Senator,  197.60;  J.  B.  Whitehurst,  Secretary,  279;  E. 
J.  Judah,  Assistant  Secretary,  243  ;  H.  L.  Howze,  Engrossing 
Clerk,  190;  E.  M.  West,  Enrolling  Clerk,  200;  J.  Brass,  Re- 
cording Clerk,   250 ;    J.   White,    Sergeant-at-Arms    and  Door- 


Appropriation. 


Senate. 


48  LAWS  OF  FLORIDA. 

1863.  Keeper,  300  ;  R.  E.  Frier,  190.  Thos.  J.  Eppes,  Speaker  of  the 
House,  195  ;  A.  Richardson,  Representative,  195  ;  S.  R.  Sessions, 
House  of  Rep-  Rep.,  114  ;  John  F.  Jackson,  Rep.,  145  ;  "VV.  B.  Ross,  Rep.,  116; 
resentatives.  w  c  Newburn,  Rep.,  120  ;  J.  A.  Lee,  Rep.,  140  ;  G.  W.  Black- 
burn, Rep.,  102.60  ;  J.  C.  Greely,  Rep.,  140.40  ;  R.  T.  H.  Thomas, 
Rep.,  145;  T.  J.  McGehee,  Sep.,  113;  A.Y.Hampton,  Rep., 
107;  Neil  Hendry,  Rep.,  113;  T.  Baltzell,  Rep.,  95;  J.  G. 
Smith,  Rep.,  115";  F.  R.  Pittman,  Rep.,  195;  W.  B.  Wynn, 
Rep.,  110;  F.  Leslie,  Rep.,  75;  O.  M.  Avery,  Rep.,  197.60;  T. 
Hannah,  Rep.,  106.80;  IT.  J.  Seward,  Rep.,  175;  N.  T.  Scott, 
Rep.,  99;  J.  L.  Campbell,  Rep.,  125;  M.  Hewett,  Rep.,  153 ; 
W.  T.  Duval,  Rep.,  195;  A.  Cromartie,  Rep.,  98.20;  R.  H. 
Bradford,  Rep.,  97.40;  L.  Dishong,  Rep.,  165;  T.Y.Henry, 
Rep.,  100;  W.  H.  Gee,  Rep.,  100;  Joseph  Price,  Rep.,  117; 
I.  V.  Garnie,  Rep.,  131 ;  A.  J.  Polhill,  Rep.,  110  ;  T.  J.  W.Hig- 
ginbotham,  Rep.,  135;  J.  Y.  Jones,  Rep.,  91;  E.  M.  Mattauer, 
Rep.,  99;  F.  N.  Foy,  Rep.,  145;  H.  Overstreet,  Rep.,  175;  J. 
W.  Price,  Rep.,  137;  W.  H.  Arendell,  Rep.,  101;  J.J.Wil- 
liams, Rep.,  95  ;  J.  P.  Atkins,  Rep.  76 ;  David  Mizell,  Rep.,  160  ; 
T.  D.  Nixon,  Rep.,  107;  James  M.  Amos,  Rep.,  197.60;  Thos. 
B.  Barefoot,  Clerk  House,  264 ;  W.  F.  Bynum,  Assistant  Clerk, 
248;  Thos.  Williams,  Engrossing  Clerk,  190;  W.  M.  Mcintosh, 
Enrolling  Clerk,  210  ;  Oscar  Hart,  Assistant  Enrolling  Clerk,  80  ; 
F.  M.  Bunker,  Recording  Clerk,  250  ;  G.  W.  Floyd,  Sergeant-at- 
Arms,  195  ;  J.  J.  Whitehurst,  Messenger,  190  ;  A,  B.  Campbell, 
Door-Keeper,  200  ;  Rev.  Ellis,  Chaplain,  50.  For  general  print- 
ing and  publishing,  to  be  audited  by  the  Comptroller  9,000;  print- 
ing Laws  and  Journal,nto  be  audited  by  the  ComptroHerJin  addi- 
tion to  the  above  4,000. 

Sec.  2.  Be  it  further  enacted,  That  the  following  sums  be  and 
priation  dppi°"   the  same  arc  hereby  appropriated  for  the  fiscal  year,  1864  : 

For  salaries  of  public  officers, 833,600  00 

For  Jurors  and  State  Witnesses, 20,000  00 

Criminal  Prosecutions  and  Contingent  Expenses  of 

the  Circuit  Court, 20,000  00 

For  Contingent  Expenses  of  Supreme  Court, 2,000  00 

For  interest  on  State  Debt, 30,000  00 

For  maintenance  of  Lunatics, 1 5,000  00 

For  residence  of  Governor, 1 ,000  00 

Post  Mortem  Examinations, 200  00 

For  Contingent  Fund, 20,000  00 

For  Clerk  hire  for  Executive, 1,500  00 

For  repairs  of  Capitol,  to  be  audited  by  the   Comp- 
troller,        2,000  00 

Appropriation  for  Stationery  and  Candles,  to  be  pur- 
chased by  order  of  Governor, 3,000  00 

Incidental  expenses  of  this  General   Assembly,  to  be 

audited  by  Comptroller, 400  0U 


Printing  and 

publishing. 


LAWS  OF  FLORIDA.  49 

Expenses  preparing  Treasury  Notes  for  issue,  Clerk  1863. 

hire,  <fcc, 15,000  00   

Military  purposes, 25,000  00 

Passed  the  House  of  Representatives  December  3,  1863.    Passed  the  Senate 
December  3, 1863.     Approved  by  the  Governor  December  4,  1863. 


Chapter  1,429— [No.  46.] 

AN  ACT  toamend  an  act  to  prevent  the  entry  of  lands  occupied  by  Soldiers  or 
their  Families  during  the  coutinuance  of  the  present  war,  and  also  to  regulate 
the  entry  and  sale  of  Public  Lands,  approved  Dec.  13th,  1862. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened, 
That  the  8th  section  of  the  above  recited  act  be  and  the  same  is  diersmay^nter 
hereby  so  amended  as  to  give  to  the  legal  heirs  of  the  soldiers  lands, 
referred  to  in  said  8th  section  the  right  to  perfect  the  title, 
should  the  soldier  die  before  the  expiration  of  the  two  years 
mentioned  in  said  section. 

Passed  the  House  of  Representatives  December  3,  1863.    Passed  the  Senate 
November  28, 1863.     Approved  by  the  Governor  December  4,  1863. 
7 


LAWS  OF  FLORIDA.  51 

1863. 


RESOLUTIONS. 


LXo.  i.] 

RESOLUTIONS  of  thanks  to  our  Soldiers. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
thanks  of  the  State  are  due,  and  are  hereby  tendered  through 
this  legislative  body,  to  the  brave  officers  and  soldiers  of  the 
State  of  Florida,  for  their  gallant  conduct  in  defence  of  her 
rights  on  many  a  well  fought  battfe  field. 

Be  it  further  resolved,  That  we  do  pledge  ourselves,  in  honor 
and  duty  bound,  to  protect  and  maintain  their  families  during 
their  absence  in  the  service  of  their  country  at  any  and  every 
sacrifice. 

Be  it  further  resolved,  That  his  Excellency  the  Governor  be 
requested  to  forward  a  copy  of  these  resolutions  to  each  Florida 
brigade  in  the  Confederate  service,  and  to  the  commander  in 
each  district  in  this  State ;  and  that  said  commanders  be  reques- 
ted by  his  Excellency  the  Governor  to  have  these  resolutions 
read  to  the  Florida  troops  under  their  commands. 

Passed  the  Senate  November  18, 1863.    Passed  the  House  of  Representatives 
November  19, 1863.    Approved  by  the  Governor  November  24, 1863. 


[No.   2.] 

RESOLUTION  asking  the  Governor  not  to  license  any  more  Distilleries  until 
the  further  action  of  the  Legislature. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
Governor  be  and  he  is  hereby  requested  not  to  issue  any  more 
license  to  distillers  for  the  distillation  of  spirituous  liquors  until 
the  further  action  of  the  Legislature  relative  thereto. 

Passed  the  House  of  Representatives  November  20,  1863.  Passed  the  Senate 
November  21,  1863.     Approved  by  the  Governor  November  24,  1863. 


52  LAWS  OF  FLORIDA. 

1863. 

[No.   3.] 

RESOLUTIONS  of  thanks  to  Gen.  Win.  Bailey  and  Dr.  Henry  Bacon:. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
gratitude  of  the  people  of  this  State  is  in  an  especial  manner  due- 
Gen.  Bailey,  for  the  liberal  and  enlightened  manner  in  which  he 
is  dispensing  his  means,  and  zeal  and  efficiency  with  which  he  sup- 
ports the  cause  in  which  we  are  engaged. 

Be  it  further  resolved,  That  the  thanks  of  the  people  of  thif*- 
State  are  eminently  due  Dr.  Henry  Bacon,  a  refugee  from  Geor- 
gia, for  his  known  patriotism,  hospitality,  and  in  an  especial  mari- 
ner for  his  generous  donations  to  soldiers  and  soldiers'  families  in 
this  State  ;  and  also  to  the  Augusta  Manufacturing  Company,  for 
the  liberal  aid  afforded  the  said  Dr.  Bacon  in  carrying  out  hl:> 
noble  and  patriotic  purposes. 

Be  it  further  resolved,  That  his  Excellency  the  Governor  & 
hereby  requested  to  cause  a  copy  of  the  above  resolutions  to  be 
forwarded  to  Gen.  Bailey,  Dr.  Bacon  and  the  Augusta  Manu- 
facturing Company. 

Passed  the  House  of  Representatives  November  19, 1863.  Passed  the  Sen  an- 
November  20, 1863.    Approved  by  the  Governor  November  24, 1863. 


pointed. 


[No.  4.] 

RESOLUTIONS  relating  to  the  appointment  of  Agent  for  Soldiers'  Families  Ite 
the  counties  of  Santa  Rosa  and  Escambia. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the* 
Agent  to^ be  ap-   Governor  be  and  he  is  hereby  authorized  to  appoint  an  Agent 
for  the  purpose  of  purchasing  supplies  for  the  families  of  soldier  - 
in  the  counties  of  Escambia  and  Santa  Rosa. 

Resolved  2nd.  That  the  person  so  appointed  shall  in  no  Cas* 
have  a  claim  against  the  State  for  any  service  he  may  render,  oi 
for  any  expense  he  may  incur  under  this  appointment. 

Resolved  3rd.  That  no  person  shall  be  appointed  by  the  Gov- 
ernor without  satisfactory  evidence  that  the  person  appointed  is 
exempt  from  conscription  under  the  acts  of  Congress,  the  Gov- 
ernor to  be  judge  of  the  sufficiency  of  the  evidence. 

Passed  the  House  of  Representatives  November  20, 1863.     Passed  the  Senate  - 
November  23, 1863.    Approved  by  the  Governor  November  25, 1863. 


LAWS  OF  FLORIDA.  53 

[Xo.  5.]  1863. 

RESOLUTION  relative  to  Tax  In  Kind. 

Whereas,  Neither  justice  nor  necessity  requires  that  the  poor 

women  of  the  country,  whose  husbands  and  sons  are  intheser-      Preamble. 

vice,  should  be  oppressed  with  a  tax  upon  the  produce  raised 

by  their  personal  exertions — Therefore, 

He  it  resolved  by  tfn  Seriate*  and  G&use  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened^  That  our  Representative 
Senators  and  Representatives  in  Congress  be  instructed  and  re-  J^S^SS*688 
quested  to  use  their  best  endeavors  to  have  the  present  law,  pro- 
viding for  a  Tax  in  Kind,  so  amended  as  to  exempt  from  the 
operations  of  said  law  all  women  in  the  possession  of  farms 
whose  husbands  or  m>us  are  in  the  service,  and  who  have  no 
slaves. 

Be  it  further  resolved,  That  the  Governor  be  requested  to  trans- 
mit a  copy  of  these  resolutions  to  each  of  our  Senators  and 
Representatives  in  Congress. 

Passed  the  House  of  Representatives  November  34, 1863.     Passed  the  Senate 
November  24,  1863.     Approved  by  the  Governor,  November  30,  18 


requested. 


[No.  6.] 

RESOLUTION  setting  apart  a  Day  of  Fasting,  Humiliation  and  Prayer 

Be  it  resolved  by  tin  Senate  and  IL>n$<  <>f  Itepresadati--- 
the  State  of  Florida  in  Generai  Assembly  convened,  That  the 
24th  day  of  December  next  be  set  apart  throughout  the  State  as 
a  day  of  Fasting,  Humiliation  and  Prayer,  and  that  His  Excel- 
lency, the  Governor,  is  hereby  requested  to  issue  his  proclama- 
tion to  that  effect. 

Passed  the  Senate  November  28,  1863.     Passed  the  House  of  Representatives 
December  1, 1863.    Approved  by  the  Governor  December  2,  1863. 


[Xo.  7.] 

JOINT  RESOLUTION  relative  to  our  sick  or  wounded  Soldiers  in  Gen.  Bragg's 

army. 

Be  it  resolved  by  the  Senate  and  Mouse  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  &onvenea\  That  the 


54 


LAWS  OF  FLORIDA. 


1863.  Governor  do,  without  delay,  appoint  such  number  of  energetic, 
Governor  to  ap-  prudent  and  humane  citizens  as  may  be  necessary,  and  send  them 
point  agents,  to  the  army  of  Gen.  Bragg,  to  afford  all  the  aid  and  assistance 
they  can,  and  provide  for  the  comfort  and  care  of  the  soldier^ 
from  Florida  in  said  army,  and  to  attend  to  their  wants  and  com- 
fort ;  and  there  is  hereby  placed  at  the  disposal  of  the  Governor 
the  sum  of  twenty-five  thousand  dollars  for  that  purpose,  which 
shall  be  drawn  by  wrarrant  of  the  Comptroller  upon  the  order  of 
the  Governor,  and  the  Treasurer  shall  pay  the  same. 

Passed  the  Senate  December  1, 1863.    Passed  the  House  of  Representatives 
December  1,  1863.     Approved  by  the  Governor  December  3,  1863. 


Bonds  to  be  de- 
stroyed. 


[No.  8.] 

RESOLUTION  for  the  destruction  of  the  State  Bonds  on  hand  of  the  issues  of 

1856  and  1861. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  covnened,  That  the 
Committee  on  Finances  and  the  Comptroller  be  and  the  same  are 
hereby  authorized  and  required  to  receive  from  the  Treasurer  the 
$206,000  of  State  Bonds  of  1856,  which  were  formerly  hypothe- 
cated, and  the  $2,500  of  the  issue  of  1861,  which  were  returned 
from  Richmond  as  informal,  and  cause  the  same  to  be  destroyed 
by  fire,  the  Comptroller  to  endorse  said  destruction  upon  his 
record  of  each  bond,  with   the  number  of  coupons  and  the  date. 


Passed  the  House  of  Representatives  November  30,  1863. 
December  1,  1868.    Approved  by  the  Governor  December  I 


Passed  the  Senate 
1863. 


amble. 


[No.    9.1 

RESOLUTIONS  relative  to  Confederate  Treasury  Notes. 

Whereas,  It  has  been  made  known  to  this  General  Assembly, 
that  certain  citizens  in  this  State,  not  having  the  welfare  of  the 
country  at  heart,  but  selfishly  and  meanly  designing  to  dis- 
credit the  public  currency,  and  oppress  their  fellow-citizens  by 
refusing  to  receive  Confederate  Treasury  Notes  in  payment  of 
debts  or  for  the  purchase  of  the  necessaries  of  life,  thereby  act- 
ing in  a  manner  which,  if  commonly  pursued,  would  ruin  the 


LAWS  OF  FLORIDA. 


55 


finances  of  our  Government  and  eventually  subvert  our  liber- 
ties— Therefore, 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida,  in  General  Assembly  convened,  That  the 
refusal  to  receive  Confederate  currency  and  all  intentional  at- 
tempts to  discredit  and  depreciate  the  same,  is  conduct  unworthy 
of  a  citizen  of  this  State,  and  we  denounce  the  same  as  hostile  to 
the  dearest  rights,  interests  and  liberties  of  our  country.  That 
as  the  whole  fabric  of  our  social  and  political  existence  depends 
on  the  maintenance  of  the  Confederate  cause,  and  that  cause  can- 
not be  sustained  without  means  and  resources,  therefore  we  re- 
gard any  citizen  who  discredits  and  pursues  such  a  course  as 
will  depreciate  and  destroy  the  Confederate  currency  as  acting 
with  the  enemies  of  our  country  and  unworthy  the  confidence, 
countenance  or  toleration  of  his  fellow-citizens,  if  not  a  traitor  to 
the  country. 

Resolved,  That  if  any  person  shall  refuse  to  receive  Confeder- 
ate currency  in  this  State,  who  holds  any  position  that  exempts 
him  from  military  service,  the  fact  should  be  at  once  brought  to 
the  attention  of  the  authorities,  and  such  person  placed  immedi- 
ately in  the  service. 

Passed  the  House  of  Representatives  December  4,  1SG3.    Passed  the  Senate 
December  2,  I860.     Approved  by  the  Governor  December  3,  1803. 


1863. 


Resolution. 


Persons  refu- 
sing to  receive 
Confederate 
currency. 


Persons  exempt 
from  military 
service. 


[Xo.  10.] 
RESOLUTION  relative  to  the  civil  authority  of  the  State  of  Florida. 


Whereas,  The  principles  of  civil  liberty  transmitted  to  us  by 
our  fathers  are  of  a  paramount  importance  to  the  people  of 
this  State,  and  are  consecrated  to  us  not  only  by  our  own  ex- 
perience of  their  dignity  and  worth,  but  by  the  approval  of 
the  great  and  wise  men  who  stand  pre-eminent  in  the  admira- 
tion and  esteem  of  mankind,  and  that  the  continued  inculca- 
tion of  these  precepts  is  highly  important  to  us  as  the  citizens 
of  a  sovereignty — Therefore, 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
civil  authority  is  the  supreme  and  paramount  power  in  this  State, 
to  which  the  military  authority  is  in  all  cases  strictly  and  abso- 
lutely subordinate.  That  all  laws,  both  civil  and  military,  derive 
their  just  and  only  wise  interpretation  through  the  judicial  tribu- 
nals of  the  State  and  Confederate  Governments,  each  acting  in 
their   own  prescribed  spheres.     That  the  General  Assembly  of 


Preamble. 


Resolution. 


Civil  authority 
supreme. 


LAWS  OF  FLORIDA. 

this  State,  while  deeply  sensible  of  its  obligations  to  the  Confed- 
ate  Government,  recognize  no  power  or  authority  supreme  over 
it  in  the  discharge  of  its  lawful  and  recognized  duties  in  the 
making  of  such  laws  as  are  necessary  for  the  well  being  and  pro- 
tection of  the  people  of  the  State  of  Florida.  That  this  General 
Assembly,  in  the  name  of  the  people  of  the  State  of  Florida  and 
of  their  sovereignty,  expresses  its  profound  disapproval  and  cen- 
sure of  all  officers  in  the  military  service  who  are  forgetful  that 
the  tenure  of  their  authority  is  derived  from  the  will  of  the  peo- 
ple, expressed  through  the  forms  of  civil  law,  and  will  tolerate 
no  assumption  of  arbitrary  authority  within  her  limits. 

Passed  the  House  of  Representatives  November  25, 1863.    Passed  the  Senate 
November  30, 1863.     Approved  by  the  Governor  December  3,  1863. 


[No.  11.] 


Treasury  notes 
redeemed. 


JOINT  RESOLUTION  authorizing  the  Joint  Committee  on  Finance  and  Pub- 
lic Accounts  to  destroy  a  sum  of  money  therein  named. 

Be  it  resolved  by  the  Senate  and  House  of  Represe?itatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
Joint  Committee  of  the  Senate  and  House  on  Finance  and  Public 
Accounts  be  instructed  to  destroy  by  fire  the  sum  of  forty-eight 
thousand  four  hundred  and  thirty-nine  dollars  and  fifty-five  cents, 
redeemed  under  Ordinance  49,  and  now  in  the  Treasurer's  office. 

Passed  the  Senate  December  3, 1863.     Passed   the   House  of  Representatives 
December  3, 1863.    Approved  by  the  Governor  December  3,  1863. 


[No.    12.] 
JOINT  RESOLUTION  relative  to  the  Arsenal. 


Be  it  resolved  by  the  Senate  and  Hovse  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
Governor  is  hereby  directed  to  take  the  Arsenal  under  his  con- 
Governor  to  trol  and  custody,  and  have  the  same  safely  kept,  and  he  is  hereby 
authorized  to  appoint  D.  P.  Holland  to  take  charge  of  the  same 
under  his  orders :  Provided,  however,  The  said  D.  P.  Holland 
shall  give  his  services  to  the  Governor  gratis,  and  shalL  have  no 
charge  or  allowance  for  the  same  :  And  jjrovided  further,  That 


take  control  of 
Arsenal. 


LAWS  OF  FLORIDA. 

the  Governor  may  allow  the  Confederate  States  to  store  property 

therein. 

Passed  the  Senate  December  3, 1863.    Passed  the  House  of  Representatives 
December  3, 1863.    Approved  by  the  Governor  December  3, 1863. 


.       [No.    13.] 

JOINT  RESOLUTION  in  relation  to  the  unsettled  accounts  of  Ex-Gov.  M.  S. 
Perry,  Quarter  Master  General  H.  V.  Snell,  and  John  W.  Pearson,  Disbursing 
Agent. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
Governor  shall  appoint  an  accountant,  to  be  confirmed  by  the 
Senate  at  this  session,  whose  duty  it  shall  be  to  settle  the  accounts 
of  Ex-Gov.  M.  S.  Perry,  Quarter  Master  General  H.  V.  Snell 
and  John  W.  Pearson,  disbursing  agent,  and  said  accountant 
shall  have  full  power  to  settle  said  accounts  between  each  and 
every  of  said  persons  and  the  State  of  Florida,  and  between  each 
of  themselves  and  each  other  ;  and  the  Comptroller  shall  settle 
the  same  upon  the  exhibit  and  report  of  the  said  accountant,  and 
shall  issue  his  warrant  on  the  sums  found  due  by  the  accountant, 
or  charge  the  person  with  the  indebtedness  found  due  by  the  ac- 
countant ;  and  the  Treasurer  shall  pay  on  the  warrant  of  the 
Comptroller,  and  the  Comptroller  snail  issue  his  warrant  on  the 
accountant's  balance,  and  said  accountant  shall  make  report  to 
the  next  General  Assembly ;  and  that  the  expenses  of  said  ac- 
countant shall  be  equally  divided  between  the  State  of  Florida 
and  each  of  said  persons,  and  said  accountant  shall,  before  enter- 
ing on  his  office,  be  sworn  to  honestly  and  faithfully  perform  and 
discharge  the  duties  herein  imposed  on  him. 

Passed  the  Senate  December  2, 1863.    Passed  the  House  of  Representatives 
December  3, 1863.    Approved  by  the  Governor  December  3,  1863. 


Accountant  to 
be  appointed. 


Balance  due. 


[No.  14.] 


RESOLUTION  in  relation  to  the  accounts  of  the  late  United  States  Receivers 

and  Registers. 

JBe  it  resolved  by  the  Senate  and  House  of  Representatives  of 
8 


58 


LAWS  OF  FLORIDA. 


1863.        the  State  of  Florida  in   General  Assembly  convened,   That  in 
settling  the  accounts  of  the  late  Receiver  and  Registers  of  the 
United  States  Land  Offices  in  this  State,  the  Register  of  Public 
_  ,   .      „TT    Lands  be  and  he  is  hereby  authorized  to  allow  to  said  Receivers 
s.  Receivers  &  and  Registers  the  salary  that  would  have  been  due  to  them  un- 
Registers.  c|er  ^e  jaws  0f  ^he  United  States  up  to  the  time  when  the  books, 

documents  and  other  property  belonging  to  their  several  offices- 
were  delivered  and  transferred  to  the  Register  of  Public  Lands 
upon  his  requisition. 

Passed  the  Senate  December  3,  1863.    Passeclthe  House  of  Representatives 
December  3,  1863.    Approved  by  the  Governer  December  4, 1863. 


Gove  rnor  to 
employ  copyist. 


[No.  15.] 

RESOLUTION  in  relation  to  copying-  the  Laws. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,,  That  the 
Governor  be  authorized  to  employ  some  suitable  and  competent 
person  to  copy  the  laws  passed  at  this  session  of  the  General 
Assembly,  and  the  sum  of  one  hundred  and  twenty-five  dollars 
be  hereby  appropriated  for  said  services.    . 

Passed  the  House  of  Representatives  December  3, 1863.  Passed  the  Senate 
December  3, 1863.    Approved  by  the  Governor  December  4,  1863. 


[No.  16.] 

JOINT  RESOLUTION  relative  to  the  pay  of  the  Soldiers  of  the  Confederate 

States. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  our 
Pay  of  soldiers.  Senators  and  Representatives  in  Congress  be  requested  to  vsse 
their  best  endeavors  to  cause  the  pay  of  the  soldiers  in  the  Con- 
federate States  Army  to  be  raised  and  increased  by  such  legisla- 
tion as  in  their  judgment  will  best  conduce  to  that  end. 

Passed  the  Senate  December  3. 1863.    Passed  the  House  of  Representatives 
December  3, 1863.    Approved  by  the  Governor  December  4, 1863. 


LAWS  OF  FLORIDA. 


[Xo.   17.] 

JOINT  RESOLUTION  in  relation  to  exempting  the  Workmen  and  persons 
employed  in  the  Jefferson  Manufacturing  Company. 

J?esolved,  That  if  any  amendment  to  the  present  law  of  Con- 
gress exempting  certain  persons  from  military  service  be  de- 
signed or  adopted  by  Congress,  that  our  Senators  and  Represen- 
tatives in  Congress  be  and  they  are  hereby  requested  to  use  their 
endeavors  to  have  exempted  the  workmen  and  persons  employed 
in  the  Jefferson  Manufacturing  Company,  their  services  being 
indespensable  in  conducting  this  useful  and  important  work. 

Resolved,  That  the  Governor  be  and  he  is  hereby  requested  to 
forward  a  copy  of  these  resolutions  to  our  representatives  in 
Congress. 

Passed  the  House  of  Representatives  December  3,  1863.  Passed  the  Senate 
December  3, 1803.     Approved  by  the  Governor  December  4, 1863. 


[Xo.    18.] 

RESOLUTION  in  reference  to  exportation  and  importation  of  certain  articles 
by  private  enterprise. 

Whereas,  The  exportation   of  cotton,  tobacco   and  other  pro- 
ducts from  the   Confederate  States  by  private  enterprise,  and 
for  private   emoluments,  tend   to   depreciate  the  currency,  to 
corrupt  public  morals,  to  lessen   the  production  of  food  and 
otherwise  to  injure  the  cause  for  which  we  are  fighting, 
Be  it  therefore  resolved  by  the  Senate  and  House  of  Represen- 
tatives oj  the  State  of  Florida  in  General  Assembly  convened, 
That  our  Senators  and  Representatives  in  Congress  be  requested 
to  inquire  into  the   expediency  of    causing  such  legislation  as 
will  prevent  all  commercial  intercourse  with  foreign  counties  not 
recognizing  us,  except  by  and  for  the  benefit  of  the  Confederate 
or  State  Government. 

Be  it  further  resolved,  That  our  Senators  and  Representatives 
in  Congress  use  their  best  endeavors  to  have  the  importation  of 
foreign  goods  from  foreign  countries  prevented  by  law,  except 
on  account  of  the  State  or  of  the  Confederate  States. 

Passed  the  House  of  Representatives  December  2, 1863.    Passed  the  Senate 
December  3, 1863.    Approved  by  the  Governor  December  4,  1863. 


Preamble. 


Resolution*. 


60 


1863. 


LAWS  OF  FLORIDA. 


[No.  19.] 


Governor  to  ap- 
point agents. 


Agents  to  re- 
ceive no  pay. 


RESOLUTIONS  relative  to  appointment  of  Agents  in  Greenville  and  Mont- 
gomery. 

Re  it  resolved  by  the  Senate  and  Souse  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
Governor  be  and  he  is  hereby  authorized  to  appoint  two  agents 
to  receive  and  disburse  the  fund  appropriated  for  the  relief  of 
soldiers'  families  who  may  reside  on  or  near  the  line  of  the  Ala. 
&  Fla.  Railroad,  of  Ala.,  one  of  said  agents  to  be  a  resident  of 
Greenville,  Ala.,  the  other  to  reside  in  the  city  of  Montgomery, 
Ala. 

Resolved  2?id,  That  these  agents  are  to  receive  no  pay  or 
emoluments  whatever,  from  either  the  State  or  the  beneficiaries 
of  the  fund,  but  are  to  be  selected  from  those  who  are  willing  to 
perform  the  duties  required  from  regard  to  the  great  cause  in 
which  we  are  all  engaged. 

Passed  the  House  of  Representatives  December  3, 1863.    Passed  the  Senate 
December  3, 1863.    Approved  by  the  Governor  December  4, 1863. 


[No.  20.] 


RESOLUTION  in  relation  to  the  war  between  the  Confederate  States  and  the 

United  States. 


Preamble. 


Resolution. 


WHEREAS,The  State  of  Florida,  by  her  Convention,  in  severing 
the  political  ties  that  bound  her  to  the  old  Union,  pledged  her 
last  dime  and  last  man  to  the  support  of  our  cause  for  indepen- 
dence ;  And,  whereas,  the  last  General  Assembly  declared  that 
Florida,  one  of  the  first  States  to  secede  from  the  old  Union, 
will  be  one  of  the  last  to  lay  down  arms,  "  and  in  the  impend- 
ing struggle  for  our  lives  and  liberties  "  will  stand  by  her  sis- 
ter States  to  the  last  man  and  last  musket,  until  peace  is  estab- 
lished on  the  basis  of  a  separate  nationality  and  the  indepen- 
dence of  the  Confederate  States  unconditionally  acknowledged 
by  the  United  States — Therefore, 
Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 

the  State  of  Florida  in   General  Assembly  convened,  That  it  is 

the  sense  of  this  General  Assembly  that  these  pledges  should  be 

redeemed  at  all  hazards. 

*  Passed  the  Senate  December  3, 1863.    Passed  the  House  of  Representatives 
December  4, 1863.    Approved  by  the  Governor  December  4, 1863. 


INDEX 

TO   THE 

ACTS   AND  RESOLUTIONS 


OF   THE 


Second  Session  of  the  Twelfth  General  Assembly. 


ADMINISTRATORS  AND  EXECUTORS:  Authorized  to  make  publi- 
cation of  sales,  in  certain  cases,  out  of  the  Stale,  7. 

AGENTS :  To  distribute  fund  for  relief  of  soldiers'  families  at  Greenville 
and  Montgomery,  Ala.,  60.    Of  the  Governor  to  distribute  fund,  &c,  40. 

ALABAMA  &  FLORIDA  R.  R.  CO. :  Act  to  amend  the  charter  of,  23. 

ANDERSON,  WM.  E. :  An  act  to  extend  the  provisions  of  an  act  for  the 
relief  of,  19. 

APALACHICOLA  CHANNEL  COMPANY :  Act  to  incorporate,  12. 

APPROPRIATION :  An  act  making  appropriations  for  the  expenses  of 
Second  Session  of  the  Twelfth  General  Assembly  and  for  other  pur- 
poses, 47;  Senate,  47;  House,  48;  Printing  and  Publishing,  48  ;  gen- 
eral appropriation,  48,  49. 

ARSENAL  :  Joint  resolution  relative  to,  56. 

BACON,  DR.  HENRY :  Resolution  of  thanks  to,  52. 

BAILEY,  WILLIAM :  Resolution  of  thanks  to,  52. 

BLOCKADE:  Resolution  in  reference  to  exportation  and  importation  of 
certain  articles  by  private  enterprise,  59. 

CATTLE  OWNERS:  In  counties  of  Levy,  Lafayette,  Taylor,  Wakulla 
and  Duval,  act  for  the  protection  of,  9. 

CAPPLEMAN,  D.  B.,  SHERIFF  OF  MARION  COUNTY:  Act  for  the 

relief  of,  25. 
CIRCUIT  COURT :  Judges  of  may  appoint  Sheriffs  in  certain  cases,  16  ; 

place  of  holding  in  Putnam  county  changed,  8. 
CLAIMS :  Against  State,  act  providing  fer  the  payment  of,  22 ;  placed  in 

hands  of  District  Solicitors,  31. 

CIVIL  AUTHORITY  OF  THE  STATE  OF  FLORIDA:  Resolution  rel- 
ative to,  55. 


II  INDEX. 

CLERKS :  Of  Circuit  Courts,  fees  increased,  22 ;  of  Sumter  county  au. 

thorized  to  keep  his  office  at  his  own  house,  30. 
CLOTHING:  For  troops  from  Florida  in  Confederate  service,  46,  47. 
COLUMBIA  COUNTY:  Boundary  line,  11. 

CONFISCATED  PROPERTY:  An  act  relating  to  property  confiscated 
to  the  use  of  the  State,  20;  persons  having  claims  against  confiscated 
property,  20;  manner  of  payment  of  claims,  20;  distribution  of  resi- 
due, 21 ;  costs,  fees,  &c,  21. 
COPYING  THE  LAWS  :  Resolution  in  relation  to,  58. 
COTTON:  An  act  to  prevent  and  punish  all  persons  planting  and  culti- 
vating over  a  certain  amount  of,  42 ;  number  of  acres  that  may  be 
planted,  42;  penalty,  42 ;  informer,  surveyor,  42;  hands,  43;  manu- 
facturers of,  43 ;  exportation  ot,  59. 
COTTON  CARDS:  Governor  to  contract  for  purchase  of,  41. 
COURTS :  (See  Circuit  Courts.)     Of  Probate,  an  act  in  relation  to  holding 

Probate  Courts  during  the  present  war,  18. 
CRIMINALS:  Bonds  of,  37. 

DISTILLERIES:  An  act  to  prevent  the  distillation  of  spirituous  liquors 
in  the  State,  44;  Governor  to  abate  distilleries,  44;  licenses  made  void, 
44;  Governor  to  issue  proclamation,  44 ;  Sheriff  refusiug  to  perform 
duty  under  this  act,  44;  contractor  with  Confederate  government,  44 
special  privilege  to  Wm.  H.  Johnson,  45;  resolution  in  relation  to,  51' 
DaCOSTA,  AARON  W.:  An  act  for  the  relief  of,  45. 
ELECTION  LAWS  :  Relative  to  soldiers  voting,  8,  36,  37. 
EXECUTORS:  Publication  of  sales  by,  may  be  made  out  of  the  State  in 

certain  cases,  7. 
EXPORTATION:  Of  certain  articles  by  private  enterprise,  resolution  in 

reference  to,  59. 
FASTING,  HUMILIATION  AND  PRAYER:  Resolution  setting  apart  a 

day  of,  53. 
FLAG:  To  be  furnished  to  regiments  from  this  State,  46. 
FLORIDA,  ATLANTIC  &  GULF  CENTRAL  R.  R.  CO. :  Act  to  amend 

the  charter  of,  30. 
FORFEITED  BONDS  OF  CRIMINALS:  37. 

FRAUDS :  An  act  to  aid  the  Confederate  Government  in  the  detection  ot, 
35;  Judges  of  Probate  to  advertise  for  information,  36;  Governor  to 
have  evidence  recorded,  36. 
HOSPITALS :  Appropriation  for,  41. 
HYER,  ALBERT :  Act  for  the  relief  of,  31. 

IMPORTATION:  Of  certain  articles  by  private  enterprise,  resolution  in 
relation  to,  59. 


INDEX.  Ill 

IMPRESSMENT  :  An  act  to  assist  the  faithful  and  necessary  enforcement 
of  the  impressment  act  of  Congress,  &c,  33,  34. 

INDIANS :  An  act  to  repeal  an  act  entitled  an  act  to  regulate  trade  and 
intercourse  with,  7. 

JEFFERSON  MANUFACTURING  COMPANY:  Resolution  in  relation 
to  exempting  the  workmen  and  persons  employed  in,  59. 

JOHNSON,  JAMES  W. :  Act  for  the  relief  of  11. 

JORDAN,  EDWARD,  SHERIFF  of  TAYLOR  COUNTY  :  Act  lor  the 
relief  of,  19. 

JUDGES  OF  PROBATE :  Fees  increased,  22. 
.    JURORS:  Revisal  of  jur}r  lists,  16;  persons  in  military  service,  1G. 
J    LANDS :  (See  Public  Lands.) 

LOWE,  SAMUEL,  CLERK  OF  THE  CIRCUIT  COURT :  An  act  to  le- 
galize the  acts  of,  38. 

McKEOWN,  MARGARET  J. :  Act  for  the  relief  of,  35. 

MONTICELLO&  THOMASVILLE  RAILROAD:  Act  to  incorporate, 
26,  27,  28,  29. 

PATROL  LAWS :  Act  to  amend,  30. 

PENSACOLA,  CITY  OF:  Act  amending  the  charter  of,  9,  10,  12. 

PERRY,  EX-GOV.  M.  S. :  Resolution  relative  to  the  accounts  of,  57. 

PLATS:  Furnished  the  counties  of  Clay,  Jackson  and  Calhoun,  88. 

PROBATE  COURTS :  An  act  in  relation  to  holding  Probate  Courts  du- 
ring the  present  war,  18. 
t      PUBLIC  LANDS:  An  act  to  legalize  entries  of,  made  after  the  seer 

of  Florida,  and  requiring   the  Receivers  to  account  for  the  monies  re- 
ceived therefor,  17;  heirs  of  soldiers  may  enter,  49. 

RECEIVERS  AND  REGISTERS,  U.  S. :  Resolution  in  relation  to  the 
accounts  of,  57;  salaries  of,  58. 

SALARIES  OF  PUBLIC  OFFICERS  :  21. 

SHERIFFS  :  Fees  increased,  22. 

SOLDIERS:  Voting,  8,  36,  37;  heirs  of  may  enter  certain  lands,  49;  reso- 
lution of  thanks  to,  51;  sick  and  wounded  in  Bragg's  rmy,  53;  of 
Confederate  States,  pay  of,  58. 

SOLDIERS'  FAMILIES:  An  act  to  provide  for  the  relief  of  soldiers'  fam- 
ilies and  others  that  require  assistance,  38;  appropriation  for,  39;  per. 
sons  to  be  relieved,  89;  issue  of  Treasury  notes,  39;  list  of  families, 
89;  distribution  of  monies  to  be  made  by  Governor,  39;  Governor 
may  appoint  agents,  40;  money  how  to  be  expended,  40;  manner  of 
preparing  lists,  40 ;  Governor  to  advance1  funds,  40 ;  manner  of  distri- 
bution, 40;  cotton  cards,  41 ;  County  tax,  41 ;  agent  for  in  counties  of 
Santa  Rosa  and  Escambia,  52. 


IV  INDEX. 

SOLICITOR'S  DISTRICT :  Act  relating  to  claims  placed  in  the  bands 
of,  31 ;  to  be  charged  with  claims,  31 ;  salary  may  be  retained,  32  ;. 
charges  for  collections,  32 ;  duty  of  going  out  of  office,  32. 

SPIRITUOUS  LIQUORS :  (See  distilleries,)  Act  to  prevent  the  distillation 
of,  44. 

STATE  BONDS :  Destruction  of,  54. 

STATE  OF  FLORIDA :  Civil  authority  of,  resolution  relative  to,  55. 

SUWANNEE  COUNTY :  Boundary  line  of,  11.' 

TAX  ASSESSORS  AND  COLLECTORS :  Act  more  particularly  de- 
fining the  duties  of,  24 ;  times  of  assessment,  24 ;  tax  books,  24. 

TAX  IN  KIND  :  Resolution  relative  to,  53. 

TOBACCO  :  (See  Cotton.)  An  act  to  prevent  persons  from  planting  more 
than  a  certain  amount  of,  42. 

TREASURY  NOTES :  Act  to  provide  for  an  additional  issue  of,  18 ;  for 
relief  of  soldiers'  families,  39;  Confederate,  resolution  relative  to,  54; 
State,  redeemed,  56. 

TREASURER  OF  THE  STATE :  Act  defining  the  duties  of,  46  j  salary 
21. 

WAY  SIDE  HOMES:  Appropriation  for,  41. 

WAR :  Between  Confederate  States  and  the  United  States,  resolution  in  re 
lation  to,  60. 


Hollinger  Corp. 
PH8.5 


